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PREAMBLE |
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Whereas the United Nations
Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL
Model Law on International Commercial Arbitration in 1985; |
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And whereas the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; |
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| And whereas the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; | |
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And whereas the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek on amicable settlement of that dispute by recourse to conciliation; |
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And whereas the said Model Law and Rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations; |
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And whereas it is expedient to make law respecting arbitration and conciliation taking into account the aforesaid Model Law and Rules; |
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| Be it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows : | |
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Preliminary |
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| 1. | Short title extent and commencement | |
| (1) | This Act may be called the Arbitration and Conciliation Act 1996. | |
| (2) | It extends to the whole of India : | |
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Provided that Parts I III and IV shall extend to the State of Jammu and Kashmir only in so far as they relate to international commercial arbitration or as the case may be international commercial conciliation. |
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Explanation : In this sub-section the expression "international commercial conciliation" shall have the same meaning as the expression "international commercial arbitration" in clause (f) of sub-section (1) of section 2 subject to the modification that for the word "arbitration" occurring therein the word conciliation shall be substituted. |
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| (3) | It shall come into force on such date as the Central Government may by notification in the Official Gazette appoint. | |
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