Vidhi Codex

The Arbitration and Conciliation Act, 1996

The Arbitration and Conciliation Act, 1996

Civil1996106 sections

The Arbitration and Conciliation Act, 1996, regulates private dispute resolution in India, specifically domestic arbitration, international commercial arbitration, and conciliation. It applies to individuals, businesses, and foreign entities who agree in writing to resolve legal and commercial disputes privately rather than through standard court litigation. This law matters because it provides a faster, cheaper, and legally binding alternative to India's heavily congested court system. By establishing structured procedures, enforcing foreign awards, and strictly limiting intervention by judges, the Act ensures business agreements are resolved efficiently, creating a highly predictable environment that encourages domestic trade and international investment.

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Arbitration & Award Enforcement (Arbitration Act 1996)
  1. 0. Preamble
  2. 1. Short title, extent and commencement
  3. 2. Definitions
  4. 3. Receipt of written communications
  5. 4. Waiver of right to object
  6. 5. Extent of judicial intervention
  7. 6. Administrative assistance
  8. 7. Arbitration agreement
  9. 8. Power to refer parties to arbitration where there is an arbitration agreement
  10. 8B. Power of the court, seized of matters under sections 34 or 37 of the Act, to refer the dispute to Mediation or Conciliation
  11. 9. Interim measures, etc., by Court
  12. 10. Number of arbitrators
  13. 11. Appointment of arbitrators
  14. 11A. Power of Central Government to amend Fourth Schedule
  15. 12. Grounds for challenge
  16. 13. Challenge procedure
  17. 14. Failure or impossibility to act
  18. 15. Termination of mandate and substitution of arbitrator
  19. 16. Competence of arbitral tribunal to rule on its jurisdiction
  20. 17. Interim measures ordered by arbitral tribunal
  21. 18. Equal treatment of parties
  22. 19. Determination of rules of procedure
  23. 20. Place of arbitration
  24. 21. Commencement of arbitral proceedings
  25. 22. Language
  26. 23. Statements of claim and defence
  27. 24. Hearings and written proceedings
  28. 25. Default of a party
  29. 26. Expert appointed by arbitral tribunal
  30. 27. Court assistance in taking evidence
  31. 28. Rules applicable to substance of dispute
  32. 29A. Time limit for arbitral award
  33. 29B. Fast track procedure
  34. 30. Settlement
  35. 31. Form and contents of arbitral award
  36. 31A. Regime for costs
  37. 32. Termination of proceedings
  38. 33. Correction and interpretation of award; additional award
  39. 34. Application for setting aside arbitral award
  40. 35. Finality of arbitral awards
  41. 36. Enforcement
  42. 37. Appealable orders
  43. 38. Deposits
  44. 39. Lien on arbitral award and deposits as to costs
  45. 40. Arbitration agreement not to be discharged by death of party thereto
  46. 41. Provisions in case of insolvency
  47. 42. Jurisdiction
  48. 42A. Confidentiality of information
  49. 42B. Protection of action taken in good faith
  50. 43. Limitations
  51. 43A. Definitions
  52. 43B. Establishment and incorporation of Arbitration Council of India
  53. 43C. Composition of Council
  54. 43D. Duties and functions of Council
  55. 43E. Vacancies, etc., not to invalidate proceedings of Council
  56. 43F. Resignation of Members
  57. 43G. Removal of Member
  58. 43H. Appointment of experts and constitution of Committees thereof
  59. 43J. Norms for accreditation of arbitrators
  60. 43K. Depository of awards
  61. 43L. Power to make regulations by Council
  62. 43M. Chief Executive Officer
  63. 44. Definition
  64. 45. Power of judicial authority to refer parties to arbitration
  65. 46. When foreign award binding
  66. 47. Evidence
  67. 48. Conditions for enforcement of foreign awards
  68. 49. Enforcement of foreign awards
  69. 50. Appealable orders
  70. 51. Saving
  71. 52. Chapter II not to apply
  72. 53. Interpretation
  73. 54. Power of judicial authority to refer parties to arbitration
  74. 55. Foreign awards when binding
  75. 56. Evidence
  76. 57. Conditions for enforcement of foreign awards
  77. 58. Enforcement of foreign awards
  78. 59. Appealable orders
  79. 60. Saving
  80. 61. Application and scope
  81. 62. Commencement of conciliation proceedings
  82. 63. Number of conciliators
  83. 64. Appointment of conciliators
  84. 65. Submission of statements to conciliator
  85. 66. Conciliator not bound by certain enactments
  86. 67. Role of conciliator
  87. 68. Administrative assistance
  88. 69. Communication between conciliator and parties
  89. 70. Disclosure of information
  90. 71. Co-operation of parties with conciliator
  91. 72. Suggestions by parties for settlement of dispute
  92. 73. Settlement agreement
  93. 74. Status and effect of settlement agreement
  94. 75. Confidentiality
  95. 76. Termination of conciliation proceedings
  96. 77. Resort to arbitral or judicial proceedings
  97. 78. Costs
  98. 79. Deposits
  99. 80. Role of conciliator in other proceedings
  100. 81. Admissibility of evidence in other proceedings
  101. 82. Power of High Court to make rules
  102. 83. Removal of difficulties
  103. 84. Power to make rules
  104. 85. Repeal and savings
  105. 86. Repeal and saving
  106. 87. Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015

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