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ARBITRATION
AND CONCILIATION ACT, 1996
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PART I
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CHAPTER
I
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General
Provisions
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| 2. |
Definitions
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(1) |
In this Part unless the context otherwise
requires -
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(a) |
"arbitration" means any arbitration
whether or not administered by permanent arbitral institution;
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(b) |
"arbitration agreement" means an
agreement referred to in section 7;
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(c) |
"arbitral award" includes an interim
award; |
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(d) |
"arbitral tribunal" means a sole
arbitrator or a panel of arbitrators;
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(e) |
"court" means the principal civil
court of original jurisdiction in a district and includes the High Court in
exercise of its ordinary original civil jurisdiction having jurisdiction to
decide the questions forming the subject-matter of the arbitration if the same
had been the subject-matter of a suit but does not include any civil court of a
grade inferior to such principal civil court or any court of small causes;
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(f) |
"international
commercial arbitration" means an arbitration relating to disputes arising
out of legal relationship whether contractual or not considered as commercial
under the law in force in India and where at least one of the parties is - |
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(i) |
an individual who is a national of or
habitually resident in any country other than India; or
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(ii) |
a body corporate which is incorporated in any
country other than India; or
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(iii) |
a company or an association or a body of
individuals whose central management and control is exercised in any country
other than India; or
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(iv) |
the government of a foreign country;
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(g) |
"legal representative" means a person
who in law represents the estate of a deceased person and includes any person
who intermeddles with the estate of the deceased and where a party acts in a
representative character the person on whom the estate devolves on the death of
the party so acting;
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(h) |
"party" means a party to an
arbitration agreement. |
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Scope |
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(2) |
This
Part shall apply where the place of arbitration is in India.
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(3) |
This Part shall not affect any other law for
the time being in force by virtue of which certain disputes may not be submitted
to arbitration.
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(4) |
This Part except
sub-section
(1) of section 40 sections
41 and 43
shall apply to every arbitration under any other enactment for the time being in
force as if the arbitration were pursuant to an arbitration agreement and as if
that other enactment were an arbitration agreement except in so far as the
provisions of this Part are inconsistent with that other enactment or with any
rules made thereunder.
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(5) |
Subject to the provisions
of sub-section
(4) and save in so far as is
otherwise provided by any law for the time being in force or in any
agreement in force between Indian and any other country or countries this
Part shall apply to all arbitrations and to all proceedings relating
thereto. |
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(6) |
Where this Part except
section
28 leaves the parties free to
determine a certain issue that freedom shall include the right of the
parties to authorise any person including an institution to determine that
issue.
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(7) |
An arbitral award made under this Part
shall be considered as a domestic award.
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(8) |
Where this Part -
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(a) |
refers to the fact that the parties have
agreed or that they may agree or
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(b) |
in any other way refers to an agreement
of the parties that agreement shall include any arbitration rules referred
to in that agreement.
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(9) |
Where this Part other than
clause
(a) of section 25 or clause
(a) of sub-section (2) of section 32
refers to a claim it shall also apply to a counter-claim and where it
refers to a defence it shall also apply to a defence to that
counter-claim.
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| 3. |
Receipt of written communications |
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(1) |
Unless otherwise agreed by the parties -
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(a) |
any written communication is deemed to
have been received if it is delivered to the addressee personally or at
his place of business habitual a residence or mailing address and |
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(b) |
if
none of the places referred to in clause (a) can be found after making a
reasonable inquiry a written communication is deemed to have been received
if it is sent to the addressee's last known place of business habitual
residence or mailing address by registered letter or by any other means
which provides a record of the attempt to deliver it.
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(2) |
The
communication is deemed to have been received on the day it is so
delivered. |
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(3) |
This section does not apply to written
communication in respect of proceedings of any judicial authority.
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| 4. |
Waiver of right to object
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A party who knows that -
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(a) |
any provision of this Part from which the
parties may derogate or
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(b) |
any requirement under the arbitration
agreement
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has not been complied with and yet proceeds with the arbitration
without stating his objection to such non-compliance without undue delay
or if a time limit is provided for stating that objection within that
period of time shall be deemed to have waived his right to so object. |
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| 5. |
Extent of judicial intervention
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Notwithstanding anything contained in any
other law for the time being in force in matters governed by this part no
judicial authority shall intervene except where so provided in this Part.
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| 6. |
Administrative assistance
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In order to facilitate the conduct of the
arbitral proceedings the parties or the arbitral tribunal with the consent
of the parties may arrange for administrative assistance by a suitable
institution or person. |