THE ARBITRATION AND CONCILIATION ACT, 1996

PREAMBLE

What is the name of the Act enacted to regulate arbitration and conciliation in India as stated in the text?

The Arbitration and Conciliation Act, 1996.

What is the Act number assigned to the Arbitration and Conciliation Act, 1996?

Act No. 26 of 1996.

On which date was the Arbitration and Conciliation Act, 1996 enacted as mentioned in the text?

16th August, 1996.

What is the purpose of the Arbitration and Conciliation Act, 1996 as stated in its long title?

To consolidate and amend the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards, and to define the law relating to conciliation and matters connected therewith or incidental thereto.

Which types of arbitration are referred to in the long title of the Act?

Domestic arbitration and international commercial arbitration.

What aspect relating to foreign arbitral awards is addressed by the Act according to the long title?

Enforcement of foreign arbitral awards.

What additional dispute resolution mechanism, apart from arbitration, is defined by the Act according to the long title?

Conciliation.

Which international body adopted the Model Law on International Commercial Arbitration mentioned in the Preamble?

The United Nations Commission on International Trade Law (UNCITRAL).

In which year did UNCITRAL adopt the Model Law on International Commercial Arbitration referred to in the Preamble?

1985.

Which body recommended that all countries give due consideration to the UNCITRAL Model Law?

The General Assembly of the United Nations.

For what reason did the United Nations General Assembly recommend consideration of the UNCITRAL Model Law?

In view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice.

Which conciliation rules were adopted by UNCITRAL as mentioned in the Preamble?

The UNCITRAL Conciliation Rules.

In which year were the UNCITRAL Conciliation Rules adopted according to the Preamble?

1980.

What did the United Nations General Assembly recommend regarding the UNCITRAL Conciliation Rules?

The use of the said Rules in cases where disputes arise in international commercial relations and parties seek an amicable settlement through conciliation.

In what context are the UNCITRAL Conciliation Rules recommended to be used according to the Preamble?

Where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation.

What contribution of the UNCITRAL Model Law and Conciliation Rules is recognized in the Preamble?

They make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations.

Why was it considered expedient to enact a law on arbitration and conciliation according to the Preamble?

To make a law respecting arbitration and conciliation taking into account the UNCITRAL Model Law and Conciliation Rules.

In which year of the Republic of India was the Arbitration and Conciliation Act enacted according to the enacting clause?

In the Forty-seventh Year of the Republic of India.

By which authority was the Arbitration and Conciliation Act enacted according to the enacting clause?

By Parliament.

PRELIMINARY

What is the subject matter of Section 1 of the Arbitration and Conciliation Act, 1996?

Short title, extent and commencement.

What is the short title of the Act as provided under Section 1(1)?

The Arbitration and Conciliation Act, 1996.

To what territorial extent does the Arbitration and Conciliation Act, 1996 extend according to Section 1(2)?

It extends to the whole of India.

Who has the authority to appoint the date of commencement of the Arbitration and Conciliation Act, 1996 under Section 1(3)?

The Central Government.

By what method does the Central Government appoint the commencement date of the Act under Section 1(3)?

By notification in the Official Gazette.

What does Section 1(3) provide regarding the commencement of the Arbitration and Conciliation Act, 1996?

It shall come into force on such date as the Central Government may appoint by notification in the Official Gazette. (22nd August, 1996)

PART-I

ARBITRATION

CHAPTER-I

GENERAL PROVISIONS

What is the subject matter of Section 2 of the Arbitration and Conciliation Act, 1996?

Definitions applicable in Part I of the Act.

When do the definitions under Section 2(1) apply according to the opening clause?

Unless the context otherwise requires.

What does the term “arbitration” mean under Section 2(1)(a)?

Any arbitration whether or not administered by a permanent arbitral institution.

Whether arbitration administered by a permanent arbitral institution is included within the meaning of “arbitration” under Section 2(1)(a)?

Yes, arbitration includes arbitration whether or not administered by a permanent arbitral institution.

What does “arbitration agreement” mean under Section 2(1)(b)?

An agreement referred to in Section 7.

What is included within the meaning of “arbitral award” under Section 2(1)(c)?

It includes an interim award.

What does the term “arbitral tribunal” mean under Section 2(1)(d)?

A sole arbitrator or a panel of arbitrators.

What does the term “Court” mean in the case of arbitration other than international commercial arbitration under Section 2(1)(e)(i)?

The principal Civil Court of original jurisdiction in a district, including the High Court exercising ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if it were the subject-matter of a suit.

What condition determines the jurisdiction of the Court under Section 2(1)(e)(i)?

The court must have jurisdiction to decide the questions forming the subject-matter of the arbitration if they were the subject-matter of a suit.

Whether the High Court exercising ordinary original civil jurisdiction is included within the definition of “Court” under Section 2(1)(e)(i)?

Yes, it is included.

Which courts are expressly excluded from the definition of “Court” under Section 2(1)(e)(i)?

Any Civil Court of a grade inferior to the principal Civil Court of original jurisdiction and any Court of Small Causes.

What does the term “Court” mean in the case of international commercial arbitration under Section 2(1)(e)(ii)?

The High Court exercising ordinary original civil jurisdiction having jurisdiction to decide the questions forming the subject-matter of the arbitration if it were the subject-matter of a suit.

What court is considered the “Court” in international commercial arbitration where the High Court does not exercise ordinary original civil jurisdiction under Section 2(1)(e)(ii)?

A High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court.

What does the term “international commercial arbitration” mean under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996?

An arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties falls within the specified foreign categories.

Out of what type of relationships must disputes arise for arbitration to qualify as international commercial arbitration under Section 2(1)(f)?

Legal relationships, whether contractual or not.

How must the legal relationship be characterized for the purpose of international commercial arbitration under Section 2(1)(f)?

It must be considered commercial under the law in force in India.

What nationality or residence condition of a party satisfies Section 2(1)(f)(i) for international commercial arbitration?

An individual who is a national of, or habitually resident in, any country other than India.

What corporate condition of a party satisfies Section 2(1)(f)(ii) for international commercial arbitration?

A body corporate incorporated in any country other than India.

What condition relating to association or body of individuals satisfies Section 2(1)(f)(iii) for international commercial arbitration?

An association or body of individuals whose central management and control is exercised in any country other than India.

Which governmental entity qualifies a dispute as international commercial arbitration under Section 2(1)(f)(iv)?

The Government of a foreign country.

What does the term “legal representative” mean under Section 2(1)(g) of the Arbitration and Conciliation Act, 1996?

A person who in law represents the estate of a deceased person.

Who is included within the meaning of “legal representative” besides the person legally representing the estate of the deceased under Section 2(1)(g)?

Any person who intermeddles with the estate of the deceased.

Who is considered the legal representative when a party acts in a representative character and dies under Section 2(1)(g)?

The person on whom the estate devolves on the death of the party so acting.

What does the term “party” mean under Section 2(1)(h) of the Arbitration and Conciliation Act, 1996?

A party to an arbitration agreement.

When does Part I of the Arbitration and Conciliation Act, 1996 apply according to Section 2(2)?

Where the place of arbitration is in India.

Which sections apply to international commercial arbitration even when the place of arbitration is outside India, subject to agreement to the contrary, under the proviso to Section 2(2)?

Sections 9, 27 and clause (a) of sub-section (1) and sub-section (3) of section 37.

What condition regarding the arbitral award must be satisfied for the proviso to Section 2(2) to apply?

The arbitral award made or to be made in such place must be enforceable and recognised under the provisions of Part II of the Act.

Under which Part of the Arbitration and Conciliation Act must the foreign arbitral award be enforceable and recognised for the proviso to Section 2(2) to apply?

Part II of the Act.

What is the effect of Section 2(3) of the Arbitration and Conciliation Act, 1996?

This Part shall not affect any other law in force by virtue of which certain disputes may not be submitted to arbitration.

What does Section 2(4) provide regarding the application of Part I to arbitration under other enactments?

Part I applies 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 enactment were an arbitration agreement.

Which provisions of Part I are excluded from application to arbitration under other enactments according to Section 2(4)?

Sub-section (1) of section 40, sections 41 and 43.

What limitation is imposed on the application of Part I to arbitrations under other enactments according to Section 2(4)?

It applies except where provisions of Part I are inconsistent with that enactment or with any rules made thereunder.

What is provided under Section 2(5) regarding the general application of Part I?

Subject to sub-section (4) and unless otherwise provided by any law in force or any agreement between India and other countries, this Part applies to all arbitrations and proceedings relating thereto.

What exception relating to laws or international agreements is recognized under Section 2(5)?

Where any law in force or any agreement between India and another country provides otherwise.

What freedom is granted to parties under Section 2(6) of the Arbitration and Conciliation Act, 1996?

Where this Part leaves parties free to determine a certain issue, they may authorise any person or institution to determine that issue.

Which provision is excluded from the freedom given to parties under Section 2(6)?

Section 28.

Who may be authorised by the parties to determine an issue under Section 2(6)?

Any person including an institution.

What is the status of an arbitral award made under Part I according to Section 2(7) of the Arbitration and Conciliation Act, 1996?

It shall be considered as a domestic award.

What does Section 2(8) clarify regarding references to agreements of the parties in Part I?

Any agreement of the parties includes any arbitration rules referred to in that agreement.

What situations are covered by Section 2(8) when referring to an agreement of the parties?

Where this Part refers to the fact that the parties have agreed or may agree, or in any other way refers to an agreement of the parties.

What is included within the meaning of an agreement of the parties under Section 2(8)?

Any arbitration rules referred to in that agreement.

What does Section 2(9) provide regarding references to a claim in Part I of the Arbitration and Conciliation Act, 1996?

A reference to a claim shall also apply to a counterclaim.

What does Section 2(9) provide regarding references to a defence in Part I?

A reference to a defence shall also apply to a defence to the counterclaim.

Which provisions are excluded from the application of the rule relating to claim and counterclaim under Section 2(9)?

Clause (a) of Section 25 and clause (a) of sub-section (2) of Section 32.

What is the subject matter of Section 3 of the Arbitration and Conciliation Act, 1996?

Receipt of written communications.

When do the provisions of Section 3 apply according to sub-section (1)?

Unless otherwise agreed by the parties.

When is a written communication deemed to have been received under Section 3(1)(a)?

When it is delivered to the addressee personally or at his place of business, habitual residence or mailing address.

At which locations may written communication be delivered to the addressee under Section 3(1)(a)?

Personally, or at the addressee's place of business, habitual residence, or mailing address.

What condition must be satisfied before applying Section 3(1)(b)?

None of the places mentioned in clause (a) can be found after making a reasonable inquiry.

When is a written communication deemed to have been received under Section 3(1)(b)?

When 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 providing a record of the attempt to deliver it.

To which locations may written communication be sent under Section 3(1)(b)?

The addressee's last known place of business, habitual residence, or mailing address.

What method of sending communication is required under Section 3(1)(b) to create a presumption of receipt?

By registered letter or any other means that provides a record of the attempt to deliver it.

On which day is a written communication deemed to have been received under Section 3(2)?

On the day it is delivered.

To which communications does Section 3 not apply according to Section 3(3)?

Written communications in respect of proceedings of any judicial authority.

What is the subject matter of Section 4 of the Arbitration and Conciliation Act, 1996?

Waiver of right to object.

When can a party be deemed to have waived the right to object under Section 4?

When the party proceeds with the arbitration despite knowing that certain provisions or requirements have not been complied with.

Which types of non-compliance are referred to under Section 4(a) of the Act?

Non-compliance with any provision of this Part from which the parties may derogate.

What type of non-compliance is referred to under Section 4(b) of the Act?

Non-compliance with any requirement under the arbitration agreement.

What knowledge must a party possess for waiver under Section 4 to apply?

The party must know that a provision of this Part from which parties may derogate or a requirement under the arbitration agreement has not been complied with.

What conduct of a party leads to waiver of the right to object under Section 4?

Proceeding with the arbitration without stating the objection to such non-compliance.

Within what time must an objection be raised under Section 4 when no specific time limit is prescribed?

Without undue delay.

What is the requirement for raising objection under Section 4 when a specific time limit is provided?

The objection must be raised within that period of time.

What is the legal consequence of not objecting to non-compliance as required under Section 4?

The party is deemed to have waived the right to object.

What is the subject matter of Section 5 of the Arbitration and Conciliation Act, 1996?

Extent of judicial intervention.

What overriding clause is used in Section 5 regarding other laws?

Notwithstanding anything contained in any other law for the time being in force.

To which matters does Section 5 apply?

Matters governed by Part I of the Arbitration and Conciliation Act, 1996.

What restriction is placed on judicial authorities under Section 5?

No judicial authority shall intervene in matters governed by this Part.

When can a judicial authority intervene in matters governed by Part I according to Section 5?

Only where such intervention is provided for in this Part.

What is the subject matter of Section 6 of the Arbitration and Conciliation Act, 1996?

Administrative assistance.

For what purpose may administrative assistance be arranged under Section 6?

To facilitate the conduct of the arbitral proceedings.

Who may arrange for administrative assistance under Section 6?

The parties.

Under what condition may the arbitral tribunal arrange for administrative assistance under Section 6?

With the consent of the parties.

From whom may administrative assistance be arranged under Section 6?

A suitable institution or person.

CHAPTER-II

ARBITRATION AGREEMENT

What is the subject matter of Section 7 of the Arbitration and Conciliation Act, 1996?

Arbitration agreement.

What does the term “arbitration agreement” mean under Section 7(1)?

An agreement by the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not.

To what disputes may an arbitration agreement apply under Section 7(1)?

All disputes or certain disputes which have arisen or may arise between the parties.

In respect of what type of relationship must disputes arise for an arbitration agreement under Section 7(1)?

A defined legal relationship, whether contractual or not.

In what forms may an arbitration agreement exist under Section 7(2)?

In the form of an arbitration clause in a contract or in the form of a separate agreement.

Is an arbitration agreement required to be in writing under Section 7(3)?

Yes, an arbitration agreement shall be in writing.

When is an arbitration agreement considered to be in writing under Section 7(4)?

When it is contained in the specified written forms mentioned in clauses (a) and (b).

When is an arbitration agreement considered to be in writing under Section 7(4)(a)?

When it is contained in a document signed by the parties.

When is an arbitration agreement considered to be in writing under Section 7(4)(b)?

When it is contained in an exchange of letters, telex, telegrams or other means of telecommunication including communication through electronic means which provide a record of the agreement.

What requirement must telecommunication satisfy for an arbitration agreement under Section 7(4)(b)?

It must provide a record of the agreement.

Under Section 7(4)(c) of the Arbitration and Conciliation Act, when is an arbitration agreement deemed to be in writing through pleadings?

When in an exchange of statement of claim and defence, one party alleges the existence of the arbitration agreement and the other party does not deny it.

What is the effect of reference to a document containing an arbitration clause under Section 7(5) of the Arbitration and Conciliation Act?

Such reference constitutes an arbitration agreement if the contract is in writing and the reference incorporates the arbitration clause as part of the contract.

What is the subject matter of Section 8 of the Arbitration and Conciliation Act, 1996?

Power to refer parties to arbitration where there is an arbitration agreement.

Before which authority must an action be brought for Section 8(1) to apply?

A judicial authority.

In what type of matter must the action be brought for Section 8(1) to apply?

In a matter which is the subject of an arbitration agreement.

Who may apply for reference of parties to arbitration under Section 8(1)?

A party to the arbitration agreement or any person claiming through or under him.

Within what time must an application for reference to arbitration be made under Section 8(1)?

Not later than the date of submitting the first statement on the substance of the dispute.

What is the duty of the judicial authority upon receiving an application under Section 8(1)?

It shall refer the parties to arbitration.

What limitation exists on the judicial authority's duty to refer parties to arbitration under Section 8(1)?

The judicial authority must find that prima facie a valid arbitration agreement exists.

What circumstance allows the judicial authority to refuse reference to arbitration under Section 8(1)?

If it finds that prima facie no valid arbitration agreement exists.

What overriding clause is contained in Section 8(1) regarding court decisions?

Notwithstanding any judgment, decree or order of the Supreme Court or any Court.

What must accompany an application under Section 8(2) for reference to arbitration?

The original arbitration agreement or a duly certified copy thereof.

When will an application under Section 8(2) not be entertained by the judicial authority?

When it is not accompanied by the original arbitration agreement or a duly certified copy thereof.

What may a party file when the original arbitration agreement or certified copy is not available with him under the proviso to Section 8(2)?

A copy of the arbitration agreement along with a petition requesting the Court to call upon the other party to produce the original or its duly certified copy.

Under what condition does the proviso to Section 8(2) apply?

When the original arbitration agreement or certified copy is retained by the other party.

What power does the Court have under the proviso to Section 8(2)?

To call upon the other party to produce the original arbitration agreement or its duly certified copy.

What does Section 8(3) provide regarding commencement or continuation of arbitration proceedings?

Arbitration may be commenced or continued and an arbitral award may be made notwithstanding that an application under Section 8(1) is pending before the judicial authority.

Does the pendency of an application under Section 8(1) prevent arbitration proceedings under Section 8(3)?

No, arbitration proceedings may still be commenced or continued.

What is the nature of the amendment introducing Sections 8A and 8B after Section 8 of the Arbitration and Conciliation Act, 1996?

State Amendment applicable to Jammu and Kashmir and Ladakh (Union Territories).

Which new sections are inserted after Section 8 by the State Amendment for Jammu and Kashmir and Ladakh?

Sections 8A and 8B.

What is the subject matter of Section 8A inserted by the State Amendment?

Power of the court seized of petitions under sections 9 or 11 of the Act to refer the dispute to mediation or conciliation.

During the pendency of petitions under which sections may the court exercise power under Section 8A(1)?

Sections 9 or 11 of the Act.

What condition must appear to the court before referring the dispute under Section 8A(1)?

That there exist elements of a settlement which may be acceptable to the parties.

Whose consent is required before the court refers parties to mediation or conciliation under Section 8A(1)?

Consent of the parties.

For what purpose may the court refer the parties under Section 8A(1)?

For resolution of their disputes.

To which dispute resolution methods may the court refer the parties under Section 8A(1)?

Mediation or conciliation.

What does Section 8A(2) of the State Amendment relating to Jammu and Kashmir and Ladakh provide?

It lays down the procedure for reference of a dispute to mediation.

What procedure applies when a dispute is referred to mediation under Section 8A(2)(a)?

The procedure framed under that Act shall apply.

What must the Mediator do upon successful resolution of the dispute under Section 8A(2)(b)?

Immediately forward the mediated settlement to the referral court.

What must the referral court do upon receiving the mediated settlement under Section 8A(2)(c)?

Independently apply its judicial mind and record satisfaction regarding the settlement.

What aspects must the referral court be satisfied about before accepting a mediated settlement under Section 8A(2)(c)?

That the settlement is genuine, lawful, voluntary, entered without coercion, undue influence, fraud or misrepresentation, and that no legal impediment exists.

What must the court record from the parties after receiving the mediated settlement under Section 8A(2)(d)?

A statement on oath of the parties or their authorised representatives affirming the mediated settlement and undertaking to abide by its terms.

What order shall the court pass if satisfied with the mediated settlement under Section 8A(2)(e)?

An order in terms of the settlement.

What happens to the main petition if it is still pending when settlement is reached under Section 8A(2)(f)?

It shall be disposed of by the referral court in terms of the settlement.

What happens if the main petition already stands disposed of when settlement is reached under Section 8A(2)(g)?

The mediated settlement and the matter shall be listed before the referral court for passing orders as specified.

What status is given to a mediated settlement under Section 8A(2)(h)?

It has the same status and effect as an arbitral award.

How may a mediated settlement be enforced under Section 8A(2)(h)?

In the manner specified under Section 36 of the Act.

Which provision applies when a dispute is referred to conciliation under Section 8A(3)?

The provisions of Part II of the Act.

How are conciliation proceedings treated when a dispute is referred under Section 8A(3)?

As if the conciliation proceedings were initiated by the parties under the relevant provision of the Act.

What is the subject matter of Section 8B inserted by the State Amendment for Jammu and Kashmir and Ladakh under the Arbitration and Conciliation Act, 1996?

Power of the court seized of matters under sections 34 or 37 to refer the dispute to mediation or conciliation.

During the pendency of which proceedings may the court exercise power under Section 8B(1)?

A petition under section 34 or an appeal under section 37 of the Act.

What condition must appear to the court before referring parties to mediation or conciliation under Section 8B(1)?

That there exist elements of a settlement which may be acceptable to the parties.

Whose consent is necessary before the court refers parties to mediation or conciliation under Section 8B(1)?

Consent of the parties.

For what purpose may the court refer the parties under Section 8B(1)?

For resolution of their disputes.

To which dispute resolution methods may the court refer the parties under Section 8B(1)?

Mediation or conciliation.

What does Section 8B(2) provide regarding mediation?

It prescribes the procedure for reference of a dispute to mediation.

Which procedure applies when a dispute is referred to mediation under Section 8B(2)(a)?

The procedure framed under the Act shall apply.

What must the Mediator do upon successful resolution of the dispute under Section 8B(2)(b)?

Immediately forward the mediated settlement to the referral court.

What must the referral court do upon receiving the mediated settlement under Section 8B(2)(c)?

Independently apply its judicial mind and record satisfaction regarding the settlement.

What conditions must the court verify before accepting the mediated settlement under Section 8B(2)(c)?

That the settlement is genuine, lawful, voluntary, entered without coercion, undue influence, fraud or misrepresentation, and that no other legal impediment exists.

What must the court record from the parties regarding the mediated settlement under Section 8B(2)(d)?

A statement on oath affirming the mediated settlement and an undertaking to abide by its terms.

What order shall the court pass if satisfied with the mediated settlement under Section 8B(2)(e)?

An order in terms of the settlement.

What happens to the main petition if it is pending when settlement is reached under Section 8B(2)(f)?

It shall be disposed of by the referral court in terms of the settlement.

What happens if the main petition already stands disposed of when settlement is reached under Section 8B(2)(g)?

The mediated settlement and the matter shall be listed before the referral court for passing appropriate orders.

What status is given to a mediated settlement under Section 8B(2)(h)?

It shall have the status of a modified arbitral award.

How may the mediated settlement be enforced under Section 8B(2)(h)?

In the manner specified under Section 36 of the Act.

What does Section 8B(3) of the State Amendment provide regarding reference of disputes to conciliation?

The provisions of Part III of the Act shall apply.

How are conciliation proceedings treated when a dispute is referred under Section 8B(3)?

As if the conciliation proceedings were initiated by the parties under the relevant provision of the Act.

Under which legal instrument was the State Amendment introducing Sections 8A and 8B adapted for Jammu and Kashmir?

The Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 1123(E) dated 18-3-2020.

Under which legal instrument was the State Amendment adapted for the Union Territory of Ladakh?

The Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 3774(E) dated 23-10-2020.

What is the subject matter of Section 9 of the Arbitration and Conciliation Act, 1996?

Interim measures by Court.

When may a party apply to a court under Section 9(1)?

Before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36.

For what purpose may a party apply to a court under Section 9(1)(i)?

For the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings.

For what general purpose may a party apply to a court under Section 9(1)(ii)?

For an interim measure of protection.

In respect of which goods may the court grant interim measures under Section 9(1)(ii)(a)?

Goods which are the subject-matter of the arbitration agreement.

What types of protection may the court grant regarding goods under Section 9(1)(ii)(a)?

Preservation, interim custody or sale of such goods.

What type of protection may the court grant regarding the amount in dispute under Section 9(1)(ii)(b)?

Securing the amount in dispute in the arbitration.

What powers may the court exercise regarding property or things under Section 9(1)(ii)(c)?

Detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration or about which any question may arise.

What additional authority may the court grant under Section 9(1)(ii)(c) for obtaining information or evidence?

Authorising any person to enter upon land or building in possession of a party, take samples, make observations or conduct experiments.

What purpose must such entry, sampling, observation or experiment serve under Section 9(1)(ii)(c)?

Obtaining full information or evidence.

What interim orders may the court grant under Section 9(1)(ii)(d)?

Interim injunction or appointment of a receiver.

What residual power is given to the court under Section 9(1)(ii)(e)?

To grant such other interim measure of protection as appears just and convenient.

What power does the court possess when making orders under Section 9?

The same power as it has for the purpose of and in relation to any proceedings before it.

What does Section 9(2) of the Arbitration and Conciliation Act, 1996 provide regarding commencement of arbitral proceedings after grant of interim measures by the Court?

Arbitral proceedings shall be commenced within ninety days from the date of the Court’s order or within such further time as the Court may determine.

When does the requirement under Section 9(2) to commence arbitral proceedings arise?

When the Court grants an interim measure of protection before the commencement of arbitral proceedings.

What time limit is prescribed for commencing arbitral proceedings under Section 9(2)?

Ninety days from the date of the Court’s order granting the interim measure.

Can the Court extend the time for commencement of arbitral proceedings under Section 9(2)?

Yes, the Court may determine a further time for commencement.

What restriction is placed on the Court under Section 9(3) after the arbitral tribunal has been constituted?

The Court shall not entertain an application under sub-section (1).

Under what circumstance may the Court still entertain an application under Section 9(1) after the arbitral tribunal has been constituted according to Section 9(3)?

When the Court finds that circumstances exist which may render the remedy under Section 17 inefficacious.

Which provision providing remedy through the arbitral tribunal is referred to in Section 9(3)?

Section 17.

CHAPTER-III

COMPOSITION OF ARBITRAL TRIBUNAL

What is the subject matter of Section 10 of the Arbitration and Conciliation Act, 1996?

Number of arbitrators.

Who has the authority to determine the number of arbitrators under Section 10(1)?

The parties.

What limitation is imposed on the number of arbitrators determined by the parties under Section 10(1)?

The number shall not be an even number.

What happens if the parties fail to determine the number of arbitrators under Section 10(2)?

The arbitral tribunal shall consist of a sole arbitrator.

What is the subject matter of Section 11 of the Arbitration and Conciliation Act, 1996?

Appointment of arbitrators.

Who may be appointed as an arbitrator under Section 11(1)?

A person of any nationality.

What condition may restrict the appointment of a person of any nationality as an arbitrator under Section 11(1)?

If the parties have otherwise agreed.

What freedom is granted to parties regarding appointment of arbitrators under Section 11(2)?

The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

To which provision is the freedom of parties under Section 11(2) subject?

Sub-section (6) of Section 11.

What is the appointment procedure in an arbitration with three arbitrators when the parties have not agreed on a procedure under Section 11(3)?

Each party appoints one arbitrator and the two appointed arbitrators appoint the third arbitrator.

Who acts as the presiding arbitrator under Section 11(3)?

The third arbitrator appointed by the two arbitrators.

Within what time must a party appoint an arbitrator after receiving a request under Section 11(4)(a)?

Thirty days from the receipt of the request.

Within what time must the two appointed arbitrators agree on the third arbitrator under Section 11(4)(b)?

Thirty days from the date of their appointment.

What happens if a party fails to appoint an arbitrator within thirty days under Section 11(4)(a)?

The appointment shall be made upon request of a party by the Supreme Court or the High Court or a person or institution designated by such Court.

What happens if the two appointed arbitrators fail to agree on the third arbitrator within thirty days under Section 11(4)(b)?

The appointment shall be made upon request of a party by the Supreme Court or the High Court or a person or institution designated by such Court.

Which authorities may make the appointment of arbitrators under Section 11(4)?

The Supreme Court or the High Court or any person or institution designated by such Court.

What does Section 11(7) of the Arbitration and Conciliation Act, 1996 provide regarding decisions under sub-sections (4), (5), or (6)?

The decision of the Supreme Court or the High Court or the person or institution designated by such Court is final.

Is any appeal permitted against a decision made under Section 11(7)?

No appeal, including a Letters Patent Appeal, shall lie against such decision.

What must the Supreme Court or the High Court or the designated person or institution obtain before appointing an arbitrator under Section 11(8)?

A written disclosure from the prospective arbitrator in terms of Section 12(1).

What qualifications must the appointing authority consider under Section 11(8)(a)?

Any qualifications required for the arbitrator by the agreement of the parties.

What additional considerations must be taken into account under Section 11(8)(b)?

The contents of the disclosure and other considerations likely to secure the appointment of an independent and impartial arbitrator.

Who may appoint a sole or third arbitrator in an international commercial arbitration under Section 11(9)?

The Supreme Court or the person or institution designated by that Court.

What nationality condition may apply to the appointment of a sole or third arbitrator in international commercial arbitration under Section 11(9)?

The arbitrator may be of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

What power is given to the Supreme Court or High Court under Section 11(10)?

To make a scheme deemed appropriate for dealing with matters entrusted under sub-sections (4), (5), or (6).

What happens when more than one request for appointment of arbitrators is made to different High Courts under Section 11(11)?

The High Court or its designate to whom the request was first made shall alone be competent to decide the request.

What does Section 11(12)(a) provide regarding authority in international commercial arbitration under the Arbitration and Conciliation Act, 1996?

References to the Supreme Court or High Court in sub-sections (4), (5), (6), (7), (8) and (10) shall be construed as references to the Supreme Court.

How are references to courts construed when matters under Section 11 arise in international commercial arbitration according to Section 11(12)(a)?

They are construed as references to the Supreme Court.

How are references to courts construed when matters under Section 11 arise in arbitrations other than international commercial arbitration according to Section 11(12)(b)?

They are construed as references to the High Court within whose local limits the principal Civil Court referred to in Section 2(1)(e) is situated.

Which High Court is competent when the High Court itself is the Court referred to in Section 2(1)(e) under Section 11(12)(b)?

That High Court itself.

What does Section 11(13) provide regarding disposal of applications for appointment of arbitrators?

Such applications shall be disposed of as expeditiously as possible.

What time period is prescribed in Section 11(13) for disposal of applications under Section 11?

An endeavour shall be made to dispose of the matter within sixty days from the date of service of notice on the opposite party.

Who may dispose of applications for appointment of arbitrators under Section 11(13)?

The Supreme Court or the High Court or the person or institution designated by such Court.

What power is granted to the High Court under Section 11(14)?

To frame rules for determination of the fees of the arbitral tribunal and the manner of payment.

Which schedule must the High Court consider while framing rules for arbitral tribunal fees under Section 11(14)?

The Fourth Schedule.

To which arbitrations does Section 11(14) not apply according to its explanation?

International commercial arbitration.

To which other situation does Section 11(14) not apply according to its explanation?

Arbitrations where parties have agreed for determination of fees as per the rules of an arbitral institution.

What is the subject matter of Section 11A of the Arbitration and Conciliation Act, 1996?

Power of the Central Government to amend the Fourth Schedule.

Who has the power to amend the Fourth Schedule under Section 11A(1)?

The Central Government.

Under what condition may the Central Government amend the Fourth Schedule under Section 11A(1)?

When it is satisfied that it is necessary or expedient to do so.

By what method may the Central Government amend the Fourth Schedule under Section 11A(1)?

By notification in the Official Gazette.

What is the legal effect after the Central Government issues a notification under Section 11A(1)?

The Fourth Schedule shall be deemed to have been amended accordingly.

What must be done with every notification proposed under Section 11A(2)?

A copy of the proposed notification shall be laid in draft before each House of Parliament.

For how long must the draft notification be laid before Parliament under Section 11A(2)?

For a total period of thirty days.

In how many sessions may the thirty-day period under Section 11A(2) be comprised?

In one session or in two or more successive sessions.

What happens if both Houses of Parliament agree in disapproving the notification under Section 11A(2)?

The notification shall not be issued.

What happens if both Houses of Parliament agree to modify the notification under Section 11A(2)?

The notification shall be issued only in the modified form agreed upon by both Houses.

What is the subject matter of Section 12 of the Arbitration and Conciliation Act, 1996?

Grounds for challenge.

When must a person disclose circumstances under Section 12(1)?

When he is approached in connection with his possible appointment as an arbitrator.

In what manner must disclosure be made under Section 12(1)?

In writing.

What type of relationships must be disclosed under Section 12(1)(a)?

Any past or present relationship with any of the parties or in relation to the subject-matter of the dispute.

What forms of relationship or interest must be disclosed under Section 12(1)(a)?

Financial, business, professional or any other kind of relationship or interest.

What type of relationship or interest must be disclosed under Section 12(1)(a) regarding parties or the dispute?

Direct or indirect relationship or interest.

What is the purpose of disclosure under Section 12(1)(a)?

To address circumstances likely to give rise to justifiable doubts as to the independence or impartiality of the arbitrator.

What circumstance relating to the arbitrator’s capacity must be disclosed under Section 12(1)(b)?

Circumstances likely to affect his ability to devote sufficient time to the arbitration.

What specific ability must the arbitrator disclose under Section 12(1)(b) regarding the arbitration timeline?

His ability to complete the entire arbitration within twelve months.

Which schedule guides the determination of circumstances giving rise to justifiable doubts about independence or impartiality under Explanation 1 to Section 12(1)?

The Fifth Schedule.

In what form must the disclosure be made according to Explanation 2 to Section 12(1)?

In the form specified in the Sixth Schedule.

What continuing obligation does an arbitrator have under Section 12(2)?

To disclose in writing any circumstances referred to in sub-section (1) without delay.

During what period must the arbitrator comply with the disclosure obligation under Section 12(2)?

From the time of his appointment and throughout the arbitral proceedings.

When is disclosure under Section 12(2) not required?

When the parties have already been informed of the circumstances by the arbitrator.

Under what circumstances may an arbitrator be challenged under Section 12(3)(a) of the Arbitration and Conciliation Act, 1996?

When circumstances exist that give rise to justifiable doubts as to his independence or impartiality.

Under what circumstance may an arbitrator be challenged under Section 12(3)(b)?

When he does not possess the qualifications agreed to by the parties.

When may a party challenge an arbitrator appointed by him or in whose appointment he has participated under Section 12(4)?

Only for reasons of which he becomes aware after the appointment has been made.

What does Section 12(5) provide regarding eligibility of a person to be appointed as an arbitrator?

A person whose relationship with the parties, counsel or the subject-matter of the dispute falls under the categories specified in the Seventh Schedule is ineligible to be appointed as an arbitrator.

What is the effect of prior agreements contrary to Section 12(5)?

Such prior agreements are overridden by the provision.

Which schedule specifies relationships that render a person ineligible to be appointed as an arbitrator under Section 12(5)?

The Seventh Schedule.

When may the parties waive the ineligibility under Section 12(5)?

After disputes have arisen between them.

In what manner may the parties waive the applicability of Section 12(5)?

By an express agreement in writing.

What is the subject matter of Section 13 of the Arbitration and Conciliation Act, 1996?

Challenge procedure.

What freedom is granted to parties regarding the procedure for challenging an arbitrator under Section 13(1)?

The parties are free to agree on a procedure for challenging an arbitrator.

To which provision is the freedom under Section 13(1) subject?

Sub-section (4) of Section 13.

What must a party do if there is no agreed procedure for challenging an arbitrator under Section 13(2)?

Send a written statement of the reasons for the challenge to the arbitral tribunal.

Within what time must a challenge be made under Section 13(2)?

Within fifteen days after becoming aware of the constitution of the arbitral tribunal or the circumstances referred to in Section 12(3).

What circumstances referred to in Section 12(3) may trigger a challenge under Section 13(2)?

Circumstances giving rise to justifiable doubts as to independence or impartiality or lack of agreed qualifications.

To whom must the written statement of challenge be sent under Section 13(2)?

The arbitral tribunal.

What happens if the challenged arbitrator withdraws or the other party agrees to the challenge under Section 13(3)?

The challenge succeeds and the arbitrator ceases to act.

Who decides the challenge if the arbitrator does not withdraw and the other party does not agree under Section 13(3)?

The arbitral tribunal.

What happens if the challenge to the arbitrator is unsuccessful under Section 13(4)?

The arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.

What remedy is available to the challenging party if the arbitral award is made despite the unsuccessful challenge under Section 13(5)?

The party may apply for setting aside the arbitral award under Section 34.

What power does the Court have if the arbitral award is set aside under Section 13(6)?

The Court may decide whether the challenged arbitrator is entitled to any fees.

What is the subject matter of Section 14 of the Arbitration and Conciliation Act, 1996?

Failure or impossibility of an arbitrator to act.

What happens to the mandate of an arbitrator under Section 14(1)?

The mandate shall terminate and the arbitrator shall be substituted by another arbitrator.

Under what condition relating to incapacity does the mandate of an arbitrator terminate under Section 14(1)(a)?

When the arbitrator becomes de jure or de facto unable to perform his functions.

What additional situation under Section 14(1)(a) may lead to termination of the arbitrator’s mandate?

When the arbitrator fails to act without undue delay.

What condition relating to withdrawal or agreement leads to termination of the arbitrator’s mandate under Section 14(1)(b)?

When the arbitrator withdraws from his office or the parties agree to the termination of his mandate.

What remedy is available if a controversy remains regarding the grounds mentioned in Section 14(1)(a)?

A party may apply to the Court to decide on the termination of the mandate.

Under what condition may a party apply to the Court under Section 14(2)?

Unless otherwise agreed by the parties.

What is the effect of an arbitrator withdrawing from office under Section 14(3)?

It does not imply acceptance of the validity of any ground referred to in this section or in Section 12(3).

What is the effect of a party agreeing to termination of an arbitrator’s mandate under Section 14(3)?

It does not imply acceptance of the validity of any ground referred to in this section or Section 12(3).

What is the subject matter of Section 15 of the Arbitration and Conciliation Act, 1996?

Termination of mandate and substitution of arbitrator.

Which sections are referred to in Section 15(1) as additional circumstances for termination of the mandate of an arbitrator?

Section 13 and Section 14.

When does the mandate of an arbitrator terminate under Section 15(1)(a)?

When he withdraws from office for any reason.

When does the mandate of an arbitrator terminate under Section 15(1)(b)?

By or pursuant to agreement of the parties.

What must happen when the mandate of an arbitrator terminates under Section 15(2)?

A substitute arbitrator shall be appointed.

According to which rules must a substitute arbitrator be appointed under Section 15(2)?

According to the rules that were applicable to the appointment of the arbitrator being replaced.

What discretion does the arbitral tribunal have regarding earlier hearings under Section 15(3)?

Any hearings previously held may be repeated.

When may hearings previously held be repeated under Section 15(3)?

Unless otherwise agreed by the parties.

What is the validity of orders or rulings made before replacement of an arbitrator under Section 15(4)?

They shall not be invalid solely because there has been a change in the composition of the arbitral tribunal.

CHAPTER-IV

JURISDICTION OF ARBITRAL TRIBUNALS

What is the subject matter of Section 16 of the Arbitration and Conciliation Act, 1996?

Competence of arbitral tribunal to rule on its jurisdiction.

What power is granted to the arbitral tribunal under Section 16(1)?

The arbitral tribunal may rule on its own jurisdiction.

What objections may the arbitral tribunal rule upon under Section 16(1)?

Objections with respect to the existence or validity of the arbitration agreement.

How is an arbitration clause treated when it forms part of a contract under Section 16(1)(a)?

It shall be treated as an agreement independent of the other terms of the contract.

What is the effect of the arbitral tribunal declaring the contract null and void under Section 16(1)(b)?

It shall not ipso jure invalidate the arbitration clause.

When must a plea that the arbitral tribunal lacks jurisdiction be raised under Section 16(2)?

Not later than the submission of the statement of defence.

Does participation in the appointment of an arbitrator prevent a party from raising a jurisdictional plea under Section 16(2)?

No, a party is not precluded from raising such a plea.

When must a plea that the arbitral tribunal is exceeding the scope of its authority be raised under Section 16(3)?

As soon as the matter alleged to be beyond its authority is raised during the arbitral proceedings.

Can the arbitral tribunal admit a delayed plea under Section 16(4)?

Yes, if it considers the delay justified.

On which pleas must the arbitral tribunal decide under Section 16(5)?

Pleas referred to in sub-sections (2) and (3).

What must the arbitral tribunal do if it rejects a plea under Section 16(5)?

Continue the arbitral proceedings and make an arbitral award.

What remedy is available to a party aggrieved by the arbitral award following rejection of such plea under Section 16(6)?

The party may apply for setting aside the arbitral award under Section 34.

What is the subject matter of Section 17 of the Arbitration and Conciliation Act, 1996?

Interim measures ordered by arbitral tribunal.

When may a party apply to the arbitral tribunal under Section 17(1)?

During the arbitral proceedings.

For what purpose may a party apply under Section 17(1)(i)?

For the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings.

For what general relief may a party apply under Section 17(1)(ii)?

For an interim measure of protection.

In respect of which goods may interim protection be granted under Section 17(1)(ii)(a)?

Goods which are the subject-matter of the arbitration agreement.

What types of protection may be granted regarding goods under Section 17(1)(ii)(a)?

Preservation, interim custody or sale of such goods.

What protection may be granted regarding the amount in dispute under Section 17(1)(ii)(b)?

Securing the amount in dispute in the arbitration.

What powers may the arbitral tribunal exercise regarding property or things under Section 17(1)(ii)(c)?

Detention, preservation or inspection of property or things which are the subject-matter of the dispute or about which any question may arise.

What authority may the arbitral tribunal grant for obtaining evidence under Section 17(1)(ii)(c)?

Authorising entry upon land or building, taking samples, making observations or conducting experiments.

What must be the purpose of such entry, sampling, observation or experiment under Section 17(1)(ii)(c)?

Obtaining full information or evidence.

What interim orders may be granted under Section 17(1)(ii)(d)?

Interim injunction or appointment of a receiver.

What residual interim power is given to the arbitral tribunal under Section 17(1)(ii)(e)?

To grant any other interim measure of protection that appears just and convenient.

What powers does the arbitral tribunal possess while making orders under Section 17(1)?

The same powers as the court for the purpose of and in relation to proceedings before it.

What is the status of an order issued by the arbitral tribunal under Section 17(2)?

It is deemed to be an order of the Court for all purposes.

How are orders of the arbitral tribunal under Section 17(2) enforced?

Under the Code of Civil Procedure, 1908 in the same manner as if they were orders of the Court.

To which provision are orders of the arbitral tribunal under Section 17(2) subject?

Orders passed in an appeal under Section 37.

CHAPTER-V

CONDUCT OF ARBITRAL PROCEEDINGS

What is the subject matter of Section 18 of the Arbitration and Conciliation Act, 1996?

Equal treatment of parties.

How must the parties be treated under Section 18?

The parties shall be treated with equality.

What opportunity must be given to each party under Section 18?

A full opportunity to present his case.

What is the subject matter of Section 19 of the Arbitration and Conciliation Act, 1996?

Determination of rules of procedure.

By which statutes is the arbitral tribunal not bound under Section 19(1)?

The Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872.

What freedom is given to parties regarding procedure under Section 19(2)?

The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.

To which provision is the freedom of parties under Section 19(2) subject?

This Part of the Act.

What power does the arbitral tribunal have if the parties fail to agree on procedure under Section 19(3)?

The arbitral tribunal may conduct the proceedings in the manner it considers appropriate.

To what limitation is the arbitral tribunal’s procedural power under Section 19(3) subject?

The provisions of this Part of the Act.

What evidentiary powers are included in the arbitral tribunal’s authority under Section 19(4)?

Determining the admissibility, relevance, materiality and weight of any evidence.

What is the subject matter of Section 20 of the Arbitration and Conciliation Act, 1996?

Place of arbitration.

Who has the authority to determine the place of arbitration under Section 20(1)?

The parties.

What happens if the parties fail to agree on the place of arbitration under Section 20(2)?

The arbitral tribunal shall determine the place of arbitration.

What factors must the arbitral tribunal consider while determining the place of arbitration under Section 20(2)?

The circumstances of the case including the convenience of the parties.

What power is given to the arbitral tribunal under Section 20(3) regarding meetings?

The arbitral tribunal may meet at any place it considers appropriate.

For what purposes may the arbitral tribunal meet at any place under Section 20(3)?

For consultation among its members, hearing witnesses, experts or parties, or inspection of documents, goods or other property.

Under what condition may the arbitral tribunal exercise the power to meet at any place under Section 20(3)?

Unless otherwise agreed by the parties.

What is the subject matter of Section 21 of the Arbitration and Conciliation Act, 1996?

Commencement of arbitral proceedings.

When do arbitral proceedings commence under Section 21?

On the date on which a request for the dispute to be referred to arbitration is received by the respondent.

To whom must the request for reference to arbitration be received for commencement under Section 21?

The respondent.

In respect of what does arbitral proceedings commence under Section 21?

A particular dispute.

Under what condition does Section 21 apply regarding commencement of arbitral proceedings?

Unless otherwise agreed by the parties.

What is the subject matter of Section 22 of the Arbitration and Conciliation Act, 1996?

Language of arbitral proceedings.

Who has the authority to decide the language of arbitral proceedings under Section 22(1)?

The parties.

What may the parties agree upon regarding language under Section 22(1)?

The language or languages to be used in the arbitral proceedings.

Who determines the language of arbitral proceedings if the parties fail to agree under Section 22(2)?

The arbitral tribunal.

To what proceedings does the agreed or determined language apply under Section 22(3)?

Written statements by parties, hearings, and arbitral awards, decisions or other communications by the arbitral tribunal.

Under what condition does the language determination apply to written statements, hearings and awards under Section 22(3)?

Unless otherwise specified.

What power does the arbitral tribunal have regarding documentary evidence under Section 22(4)?

It may order that documentary evidence be accompanied by a translation into the agreed or determined language.

What is the subject matter of Section 23 of the Arbitration and Conciliation Act, 1996?

Statements of claim and defence.

Within what time must the claimant and respondent submit their statements under Section 23(1)?

Within the period agreed upon by the parties or determined by the arbitral tribunal.

What must the claimant state in his statement under Section 23(1)?

The facts supporting his claim, the points at issue and the relief or remedy sought.

What must the respondent state in his statement under Section 23(1)?

His defence in respect of the particulars stated by the claimant.

Under what condition may the required elements of statements differ under Section 23(1)?

If the parties have otherwise agreed regarding the required elements.

What may the parties submit along with their statements under Section 23(2)?

All documents they consider to be relevant.

What alternative may parties adopt instead of submitting documents under Section 23(2)?

They may add a reference to the documents or other evidence they will submit.

What additional pleadings may the respondent submit under Section 23(2A)?

A counterclaim or plead a set-off.

Who adjudicates the counterclaim or set-off under Section 23(2A)?

The arbitral tribunal.

Under what condition will the arbitral tribunal adjudicate a counterclaim or set-off under Section 23(2A)?

If it falls within the scope of the arbitration agreement.

What does Section 23(3) of the Arbitration and Conciliation Act, 1996 provide regarding amendment of claims or defences?

Either party may amend or supplement his claim or defence during the course of the arbitral proceedings.

Under what condition may a party amend or supplement his claim or defence under Section 23(3)?

Unless otherwise agreed by the parties.

When may the arbitral tribunal refuse amendment or supplement under Section 23(3)?

When it considers the amendment inappropriate having regard to the delay in making it.

Within what time must the statement of claim and defence be completed under Section 23(4)?

Within six months.

From which date is the six-month period under Section 23(4) calculated?

From the date the arbitrator or all the arbitrators received written notice of their appointment.

What is the subject matter of Section 24 of the Arbitration and Conciliation Act, 1996?

Hearings and written proceedings.

What discretion is given to the arbitral tribunal under Section 24(1)?

To decide whether to hold oral hearings or conduct proceedings on the basis of documents and other materials.

For what purposes may oral hearings be held under Section 24(1)?

For presentation of evidence or for oral argument.

What must the arbitral tribunal do if a party requests an oral hearing under the first proviso to Section 24(1)?

It shall hold oral hearings at an appropriate stage of the proceedings.

Under what condition may the arbitral tribunal refuse to hold oral hearings despite a party’s request under the first proviso to Section 24(1)?

If the parties have agreed that no oral hearing shall be held.

How should oral hearings generally be conducted according to the second proviso to Section 24(1)?

As far as possible on a day-to-day basis.

When may adjournments be granted under the second proviso to Section 24(1)?

Only when sufficient cause is made out.

What power does the arbitral tribunal have regarding adjournments under the second proviso to Section 24(1)?

It may impose costs including exemplary costs on the party seeking adjournment without sufficient cause.

What notice must be given to the parties under Section 24(2)?

Sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for inspection purposes.

For what purpose may meetings of the arbitral tribunal be held under Section 24(2)?

For inspection of documents, goods or other property.

What must be communicated to the other party under Section 24(3)?

All statements, documents, other information supplied to the tribunal, and applications made by one party.

What additional materials must be communicated to the parties under Section 24(3)?

Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision.

What is the subject matter of Section 25 of the Arbitration and Conciliation Act, 1996?

Default of a party.

Under what condition does Section 25 operate regarding default of a party?

Unless otherwise agreed by the parties and where sufficient cause is not shown.

What happens if the claimant fails to communicate his statement of claim under Section 25(a)?

The arbitral tribunal shall terminate the proceedings.

Which provision is referred to for communication of the statement of claim under Section 25(a)?

Section 23(1).

What happens if the respondent fails to communicate his statement of defence under Section 25(b)?

The arbitral tribunal shall continue the proceedings.

Does failure of the respondent to file a statement of defence amount to admission of the claimant’s allegations under Section 25(b)?

No, it shall not be treated as an admission of the allegations.

What discretion does the arbitral tribunal have regarding the respondent’s statement of defence under Section 25(b)?

It may treat the right of the respondent to file the statement of defence as forfeited.

What may the arbitral tribunal do if a party fails to appear at an oral hearing under Section 25(c)?

Continue the proceedings and make the arbitral award on the evidence before it.

What may the arbitral tribunal do if a party fails to produce documentary evidence under Section 25(c)?

Continue the proceedings and make the arbitral award on the evidence before it.

What is the subject matter of Section 26 of the Arbitration and Conciliation Act, 1996?

Expert appointed by arbitral tribunal.

Under what condition may the arbitral tribunal appoint experts under Section 26(1)?

Unless otherwise agreed by the parties.

What power does the arbitral tribunal have regarding experts under Section 26(1)(a)?

It may appoint one or more experts to report on specific issues to be determined by the arbitral tribunal.

What assistance may the arbitral tribunal require from a party under Section 26(1)(b)?

To give the expert relevant information or provide access to relevant documents, goods or other property for inspection.

What type of report may the expert deliver under Section 26(2)?

A written or oral report.

When must the expert participate in an oral hearing under Section 26(2)?

If a party requests it or if the arbitral tribunal considers it necessary.

What opportunity must be given to the parties during the oral hearing under Section 26(2)?

To put questions to the expert and present expert witnesses.

For what purpose may parties present expert witnesses under Section 26(2)?

To testify on the points at issue.

What must the expert provide to a party upon request under Section 26(3)?

Access to all documents, goods or other property in his possession used to prepare the report.

Under what condition must the expert provide such materials under Section 26(3)?

Unless otherwise agreed by the parties.

What is the subject matter of Section 27 of the Arbitration and Conciliation Act, 1996?

Court assistance in taking evidence.

Who may apply to the Court for assistance in taking evidence under Section 27(1)?

The arbitral tribunal or a party with the approval of the arbitral tribunal.

What must the application for court assistance specify under Section 27(2)(a)?

The names and addresses of the parties and the arbitrators.

What must the application specify regarding the dispute under Section 27(2)(b)?

The general nature of the claim and the relief sought.

What must the application specify regarding evidence under Section 27(2)(c)?

The evidence to be obtained.

What particulars must be provided regarding witnesses under Section 27(2)(c)(i)?

The name and address of the witness or expert witness and the subject-matter of the testimony required.

What particulars must be provided regarding documentary or physical evidence under Section 27(2)(c)(ii)?

The description of any document to be produced or property to be inspected.

What power does the Court have upon receiving an application under Section 27(3)?

It may execute the request within its competence and according to its rules on taking evidence.

How may the Court execute the request under Section 27(3)?

By ordering that the evidence be provided directly to the arbitral tribunal.

What process may the Court issue to witnesses under Section 27(4)?

The same processes as it may issue in suits tried before it.

What consequences apply if a person fails to attend or refuses to give evidence under Section 27(5)?

The person is subject to the same disadvantages, penalties and punishments as in suits tried before the Court.

On whose representation may the Court impose penalties under Section 27(5)?

On the representation of the arbitral tribunal.

What does the term “processes” include under Section 27(6)?

Summonses and commissions for the examination of witnesses and summonses to produce documents.

CHAPTER-VI

MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS

What is the subject matter of Section 28 of the Arbitration and Conciliation Act, 1996?

Rules applicable to substance of dispute.

Under what condition does Section 28(1) apply regarding rules applicable to the substance of the dispute?

Where the place of arbitration is situate in India.

According to which law must disputes be decided in domestic arbitration under Section 28(1)(a)?

The substantive law for the time being in force in India.

How must the arbitral tribunal decide disputes in international commercial arbitration under Section 28(1)(b)(i)?

In accordance with the rules of law designated by the parties as applicable to the substance of the dispute.

How is a designation of the law of a country interpreted under Section 28(1)(b)(ii)?

As referring directly to the substantive law of that country and not to its conflict of laws rules unless otherwise expressed.

What must the arbitral tribunal do if the parties fail to designate the applicable law under Section 28(1)(b)(iii)?

Apply the rules of law it considers appropriate having regard to the circumstances of the dispute.

When may the arbitral tribunal decide the dispute ex aequo et bono or as amiable compositeur under Section 28(2)?

Only if the parties have expressly authorised it.

What must the arbitral tribunal take into account while deciding and making an award under Section 28(3)?

The terms of the contract and the trade usages applicable to the transaction.

What is the subject matter of Section 29 of the Arbitration and Conciliation Act, 1996?

Decision making by panel of arbitrators.

How are decisions made in arbitral proceedings with more than one arbitrator under Section 29(1)?

By a majority of all members of the arbitral tribunal.

Under what condition does the majority rule under Section 29(1) apply?

Unless otherwise agreed by the parties.

What type of questions may be decided by the presiding arbitrator under Section 29(2)?

Questions of procedure.

Under what condition may the presiding arbitrator decide procedural questions under Section 29(2)?

If authorised by the parties or by all members of the arbitral tribunal.

What is the subject matter of Section 29A of the Arbitration and Conciliation Act, 1996?

Time limit for arbitral award.

Within what time must an arbitral award be made in matters other than international commercial arbitration under Section 29A(1)?

Within twelve months from the date of completion of pleadings under Section 23(4).

From which date is the twelve-month period calculated under Section 29A(1)?

From the date of completion of pleadings under Section 23(4).

What provision governs completion of pleadings referred to in Section 29A(1)?

Section 23(4).

What does the proviso to Section 29A(1) provide regarding international commercial arbitration?

The award should be made as expeditiously as possible and endeavour may be made to dispose of the matter within twelve months from completion of pleadings.

What benefit may the arbitral tribunal receive if the award is made within six months under Section 29A(2)?

Additional fees as the parties may agree.

From which date is the six-month period calculated for additional fees under Section 29A(2)?

From the date the arbitral tribunal enters upon the reference.

How may the time limit for making the award be extended under Section 29A(3)?

By consent of the parties.

What is the maximum extension permitted by consent under Section 29A(3)?

A further period not exceeding six months.

What is the consequence if the arbitral award is not made within the period specified under Section 29A(1) or the extended period under Section 29A(3)?

The mandate of the arbitrator shall terminate.

Under what condition will the mandate of the arbitrator not terminate despite expiry of the time limit under Section 29A(4)?

If the Court extends the period either before or after the expiry of the specified period.

What power does the Court have regarding arbitrator’s fees when delay is attributable to the arbitral tribunal under the first proviso to Section 29A(4)?

The Court may reduce the fees of the arbitrator by not exceeding five percent for each month of delay.

When does the mandate of the arbitrator continue despite expiry of the time limit under the second proviso to Section 29A(4)?

When an application under Section 29A(5) is pending before the Court.

What procedural safeguard is provided before reduction of arbitrator’s fees under the third proviso to Section 29A(4)?

The arbitrator must be given an opportunity of being heard.

Who may apply for extension of time under Section 29A(5)?

Any of the parties.

Under what condition may the Court grant extension of time under Section 29A(5)?

Only for sufficient cause.

On what basis may the Court grant extension under Section 29A(5)?

On such terms and conditions as may be imposed by the Court.

What power does the Court have regarding substitution of arbitrators while extending the period under Section 29A(6) of the Arbitration and Conciliation Act, 1996?

The Court may substitute one or all of the arbitrators.

From which stage do arbitral proceedings continue if arbitrators are substituted under Section 29A(6)?

From the stage already reached in the proceedings.

On what basis shall the proceedings continue after substitution of arbitrators under Section 29A(6)?

On the basis of the evidence and material already on record.

How is the newly appointed arbitrator treated regarding existing evidence under Section 29A(6)?

He shall be deemed to have received the evidence and material already on record.

What is the status of the arbitral tribunal reconstituted under Section 29A(7)?

It shall be deemed to be in continuation of the previously appointed arbitral tribunal.

What power does the Court have regarding costs under Section 29A(8)?

It may impose actual or exemplary costs upon any of the parties.

How must the Court deal with applications filed under Section 29A(5) according to Section 29A(9)?

As expeditiously as possible.

What time frame is indicated for disposal of applications under Section 29A(9)?

An endeavour shall be made to dispose of the matter within sixty days from the date of service of notice on the opposite party.

What is the nature of the amendment relating to Section 29A mentioned in the text?

State Amendment applicable to Jammu and Kashmir and Ladakh (Union Territories).

Which provision of the Arbitration and Conciliation Act, 1996 is amended by the State Amendment for Jammu and Kashmir and Ladakh?

Section 29A.

What change is made to Section 29A(1) by the State Amendment for Jammu and Kashmir and Ladakh?

A substituted sub-section prescribing a new time limit for making the arbitral award.

Within what time must the arbitral award be made under the substituted Section 29A(1) for Jammu and Kashmir and Ladakh?

Within twelve months from the date the arbitral tribunal enters upon the reference.

For the purpose of substituted Section 29A(1), when is the arbitral tribunal deemed to have entered upon the reference?

On the date the arbitrator or all the arbitrators have received notice in writing of their appointment.

Which provisos of Section 29A(4) are omitted by the State Amendment for Jammu and Kashmir and Ladakh?

The second and third provisos.

Under which legal instrument was the amendment to Section 29A adapted for Jammu and Kashmir?

The Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 1123(E) dated 18-3-2020.

Under which legal instrument was the amendment to Section 29A adapted for the Union Territory of Ladakh?

The Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 3774(E) dated 23-10-2020.

What is the subject matter of Section 29B of the Arbitration and Conciliation Act, 1996?

Fast track procedure.

What overriding clause governs the fast track procedure under Section 29B(1)?

Notwithstanding anything contained in this Act.

When may the parties agree to resolve their dispute by fast track procedure under Section 29B(1)?

At any stage either before or at the time of appointment of the arbitral tribunal.

In what form must the agreement for fast track procedure be made under Section 29B(1)?

In writing.

To which procedure does Section 29B(1) refer for fast track arbitration?

The procedure specified in sub-section (3).

What may the parties agree regarding the composition of the arbitral tribunal under Section 29B(2)?

That the arbitral tribunal shall consist of a sole arbitrator.

How is the sole arbitrator chosen under Section 29B(2)?

The sole arbitrator shall be chosen by the parties.

On what basis shall the arbitral tribunal decide the dispute under Section 29B(3)(a)?

On the basis of written pleadings, documents and submissions filed by the parties.

Are oral hearings normally required under the fast track procedure according to Section 29B(3)(a)?

No, the dispute is decided without oral hearing.

What additional power does the arbitral tribunal have under Section 29B(3)(b)?

To call for further information or clarification from the parties.

When may an oral hearing be held under Section 29B(3)(c)?

If all parties request it or if the arbitral tribunal considers it necessary for clarifying issues.

What procedural flexibility is granted to the arbitral tribunal if an oral hearing is held under Section 29B(3)(d)?

It may dispense with technical formalities and adopt an appropriate procedure for expeditious disposal.

Within what time must the arbitral award be made under Section 29B(4) of the Arbitration and Conciliation Act, 1996?

Within six months from the date the arbitral tribunal enters upon the reference.

From which date is the six-month period for making the award calculated under Section 29B(4)?

From the date the arbitral tribunal enters upon the reference.

What happens if the arbitral award is not made within six months under Section 29B(5)?

The provisions of sub-sections (3) to (9) of Section 29A shall apply to the proceedings.

Which provisions of the Act become applicable when the time limit under Section 29B(4) is not met?

Sub-sections (3) to (9) of Section 29A.

How are the fees of the arbitrator determined under Section 29B(6)?

As agreed between the arbitrator and the parties.

What determines the manner of payment of arbitrator’s fees under Section 29B(6)?

The agreement between the arbitrator and the parties.

What is the subject matter of Section 30 of the Arbitration and Conciliation Act, 1996?

Settlement.

Is it incompatible with an arbitration agreement for the arbitral tribunal to encourage settlement under Section 30(1)?

No, it is not incompatible.

What methods may the arbitral tribunal use to encourage settlement under Section 30(1)?

Mediation, conciliation or other procedures.

Under what condition may the arbitral tribunal use mediation or conciliation during arbitral proceedings under Section 30(1)?

With the agreement of the parties.

At what stage may the arbitral tribunal encourage settlement under Section 30(1)?

At any time during the arbitral proceedings.

What must the arbitral tribunal do if the parties settle the dispute during arbitral proceedings under Section 30(2)?

Terminate the proceedings.

What may the arbitral tribunal do if the parties request it after settlement under Section 30(2)?

Record the settlement in the form of an arbitral award on agreed terms.

Under what condition will the arbitral tribunal record the settlement as an award under Section 30(2)?

If requested by the parties and not objected to by the arbitral tribunal.

According to which provision must an arbitral award on agreed terms be made under Section 30(3)?

Section 31.

What must an arbitral award on agreed terms state under Section 30(3)?

That it is an arbitral award.

What status does an arbitral award on agreed terms have under Section 30(4)?

The same status and effect as any other arbitral award on the substance of the dispute.

What is the subject matter of Section 31 of the Arbitration and Conciliation Act, 1996?

Form and contents of arbitral award.

In what form must an arbitral award be made under Section 31(1)?

In writing.

Who must sign the arbitral award under Section 31(1)?

The members of the arbitral tribunal.

Whose signatures are sufficient in arbitral proceedings with more than one arbitrator under Section 31(2)?

The signatures of the majority of all members of the arbitral tribunal.

What condition must be satisfied when signatures of all arbitrators are not present under Section 31(2)?

The reason for any omitted signature must be stated.

What must an arbitral award state regarding reasoning under Section 31(3)?

The reasons upon which it is based.

When are reasons not required to be stated in an arbitral award under Section 31(3)?

When parties agree that no reasons are to be given or when the award is on agreed terms under Section 30.

What details regarding time and place must an arbitral award contain under Section 31(4)?

The date of the award and the place of arbitration.

According to which provision must the place of arbitration be determined under Section 31(4)?

Section 20.

Where is the arbitral award deemed to have been made under Section 31(4)?

At the place of arbitration stated in the award.

What must be delivered to each party after the arbitral award is made under Section 31(5)?

A signed copy of the arbitral award.

What power does the arbitral tribunal have during arbitral proceedings under Section 31(6)?

To make an interim arbitral award.

On what matters may an interim arbitral award be made under Section 31(6)?

On any matter with respect to which the tribunal may make a final arbitral award.

What does Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 provide regarding interest in arbitral awards?

The arbitral tribunal may include interest at a reasonable rate in the sum awarded.

For which period may interest be awarded under Section 31(7)(a)?

From the date on which the cause of action arose to the date on which the award is made.

On what amount may interest be awarded under Section 31(7)(a)?

On the whole or any part of the money awarded.

Under what condition may interest be awarded under Section 31(7)(a)?

Unless otherwise agreed by the parties.

What interest applies to a sum directed to be paid by an arbitral award under Section 31(7)(b)?

Interest at two percent higher than the current rate of interest prevalent on the date of the award.

From which date does post-award interest run under Section 31(7)(b)?

From the date of the award to the date of payment.

When does the interest rule under Section 31(7)(b) apply?

Unless the award otherwise directs.

How is the expression “current rate of interest” defined for Section 31(7)(b)?

As defined in clause (b) of section 2 of the Interest Act, 1978.

Who fixes the costs of arbitration under Section 31(8)?

The arbitral tribunal.

According to which provision must the arbitral tribunal fix the costs under Section 31(8)?

Section 31A.

What does “costs” include under the explanation to Section 31(8)?

Reasonable costs relating to arbitration proceedings.

What expenses relating to arbitrators and witnesses are included in costs under the explanation to Section 31(8)?

Fees and expenses of the arbitrators and witnesses.

What legal expenses are included in costs under the explanation to Section 31(8)?

Legal fees and expenses.

What institutional expenses are included in costs under the explanation to Section 31(8)?

Administration fees of the institution supervising the arbitration.

What other expenses are included in costs under the explanation to Section 31(8)?

Any other expenses incurred in connection with the arbitral proceedings and the arbitral award.

What is the subject matter of Section 31A of the Arbitration and Conciliation Act, 1996?

Regime for costs.

To which proceedings does Section 31A apply?

Any arbitration proceeding or any proceeding under the provisions of this Act pertaining to arbitration.

Who has the discretion to determine costs under Section 31A(1)?

The Court or the arbitral tribunal.

What overriding clause is used in Section 31A(1) regarding the Code of Civil Procedure, 1908?

Notwithstanding anything contained in the Code of Civil Procedure, 1908.

What matters may the Court or arbitral tribunal determine regarding costs under Section 31A(1)(a)?

Whether costs are payable by one party to another.

What matter relating to the amount may be determined under Section 31A(1)(b)?

The amount of such costs.

What matter relating to payment may be determined under Section 31A(1)(c)?

When such costs are to be paid.

What does “costs” include under the explanation to Section 31A(1)?

Reasonable costs relating to arbitration or court proceedings.

What expenses relating to arbitrators, courts and witnesses are included in costs under the explanation to Section 31A(1)?

Fees and expenses of arbitrators, courts and witnesses.

What legal expenses are included in costs under the explanation to Section 31A(1)?

Legal fees and expenses.

What institutional expenses are included in costs under the explanation to Section 31A(1)?

Administration fees of the institution supervising the arbitration.

What other expenses are included in costs under the explanation to Section 31A(1)?

Expenses incurred in connection with arbitral or court proceedings and the arbitral award.

What is the general rule regarding payment of costs under Section 31A(2)(a)?

The unsuccessful party shall be ordered to pay the costs of the successful party.

When may the Court or arbitral tribunal depart from the general rule regarding costs under Section 31A(2)(b)?

When reasons are recorded in writing.

What factors must the Court or arbitral tribunal consider while determining costs under Section 31A(3) of the Arbitration and Conciliation Act, 1996?

All the circumstances of the case.

What conduct-related factor must be considered under Section 31A(3)(a)?

The conduct of all the parties.

What outcome-related factor must be considered under Section 31A(3)(b)?

Whether a party has succeeded partly in the case.

What claim-related factor must be considered under Section 31A(3)(c)?

Whether a party made a frivolous counterclaim leading to delay in disposal of the arbitral proceedings.

What settlement-related factor must be considered under Section 31A(3)(d)?

Whether a reasonable offer to settle the dispute was made by a party and refused by the other party.

What general power is granted to the Court or arbitral tribunal under Section 31A(4)?

To make any order regarding costs.

What order regarding proportion of costs may be made under Section 31A(4)(a)?

A party may be ordered to pay a proportion of another party’s costs.

What order regarding amount of costs may be made under Section 31A(4)(b)?

A party may be ordered to pay a stated amount in respect of another party’s costs.

What order regarding time period of costs may be made under Section 31A(4)(c)?

Costs may be awarded from or until a certain date only.

What order regarding pre-proceeding expenses may be made under Section 31A(4)(d)?

Costs incurred before proceedings have begun may be awarded.

What order regarding procedural steps may be made under Section 31A(4)(e)?

Costs relating to particular steps taken in the proceedings may be awarded.

What order regarding distinct parts of proceedings may be made under Section 31A(4)(f)?

Costs relating only to a distinct part of the proceedings may be awarded.

What order regarding interest on costs may be made under Section 31A(4)(g)?

Interest on costs from or until a certain date may be awarded.

When is an agreement requiring a party to pay the whole or part of arbitration costs valid under Section 31A(5)?

Only if the agreement is made after the dispute has arisen.

What is the subject matter of Section 32 of the Arbitration and Conciliation Act, 1996?

Termination of proceedings.

How are arbitral proceedings terminated under Section 32(1)?

By the final arbitral award or by an order of the arbitral tribunal under sub-section (2).

In which situations must the arbitral tribunal issue an order terminating the proceedings under Section 32(2)?

In the circumstances specified in clauses (a), (b) and (c).

What happens when the claimant withdraws his claim under Section 32(2)(a)?

The arbitral tribunal shall terminate the proceedings.

Under what condition will proceedings not terminate when the claimant withdraws his claim under Section 32(2)(a)?

If the respondent objects and the tribunal recognises his legitimate interest in obtaining a final settlement of the dispute.

What happens if the parties agree to terminate the proceedings under Section 32(2)(b)?

The arbitral tribunal shall issue an order terminating the proceedings.

What happens if the arbitral tribunal finds continuation of proceedings unnecessary or impossible under Section 32(2)(c)?

The tribunal shall terminate the proceedings.

What happens to the mandate of the arbitral tribunal after termination of proceedings under Section 32(3)?

The mandate of the arbitral tribunal shall terminate.

To which provisions is the termination of mandate under Section 32(3) subject?

Section 33 and Section 34(4).

What is the subject matter of Section 33 of the Arbitration and Conciliation Act, 1996?

Correction and interpretation of award; additional award.

Within what time may a party request correction of errors in the arbitral award under Section 33(1)?

Within thirty days from receipt of the arbitral award unless another period is agreed by the parties.

What types of errors may be corrected under Section 33(1)(a)?

Computation errors, clerical or typographical errors or other similar errors occurring in the award.

What procedural requirement must be followed when requesting correction under Section 33(1)(a)?

Notice must be given to the other party.

Under what condition may a party request interpretation of an arbitral award under Section 33(1)(b)?

If the parties have agreed to such interpretation.

What may a party request under Section 33(1)(b)?

Interpretation of a specific point or part of the award.

Within what time must the arbitral tribunal make a correction or give interpretation under Section 33(2)?

Within thirty days from receipt of the request.

What is the legal effect of an interpretation given under Section 33(2)?

It forms part of the arbitral award.

What power does the arbitral tribunal have under Section 33(3)?

To correct errors on its own initiative.

Within what time may the arbitral tribunal correct errors on its own initiative under Section 33(3)?

Within thirty days from the date of the arbitral award.

When may a party request an additional arbitral award under Section 33(4)?

Within thirty days from receipt of the arbitral award.

For what purpose may an additional arbitral award be requested under Section 33(4)?

For claims presented in the arbitral proceedings but omitted from the arbitral award.

Within what time must the arbitral tribunal make the additional arbitral award under Section 33(5)?

Within sixty days from receipt of the request.

What power does the arbitral tribunal have regarding time limits under Section 33(6)?

It may extend the time for correction, interpretation or additional award if necessary.

Which provision applies to corrections, interpretations and additional awards under Section 33(7)?

Section 31.

CHAPTER-VII

RECOURSE AGAINST ARBITRAL AWARD

What is the subject matter of Section 34 of the Arbitration and Conciliation Act, 1996?

Application for setting aside arbitral award.

How can recourse to a Court against an arbitral award be made under Section 34(1)?

Only by an application for setting aside the arbitral award.

In accordance with which provisions must an application for setting aside an arbitral award be made under Section 34(1)?

Sub-section (2) and sub-section (3) of Section 34.

Under what provision may an arbitral award be set aside by the Court under Section 34(2) of the Arbitration and Conciliation Act, 1996?

Only on the grounds specified in clauses (a) and (b) of Section 34(2).

What must the party making the application establish under Section 34(2)(a)?

Grounds on the basis of the record of the arbitral tribunal.

What incapacity ground allows setting aside of an arbitral award under Section 34(2)(a)(i)?

If a party was under some incapacity.

What validity ground allows setting aside of an arbitral award under Section 34(2)(a)(ii)?

If the arbitration agreement is not valid under the law chosen by the parties or under the law in force.

What notice-related ground allows setting aside of an arbitral award under Section 34(2)(a)(iii)?

If the applicant was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case.

What scope-related ground allows setting aside of an arbitral award under Section 34(2)(a)(iv)?

If the award deals with disputes not contemplated by or beyond the scope of the submission to arbitration.

What limitation is placed when part of the award exceeds the scope of submission under the proviso to Section 34(2)(a)(iv)?

Only the part containing decisions beyond the submission may be set aside if separable.

What procedural ground allows setting aside of an arbitral award under Section 34(2)(a)(v)?

If the composition of the arbitral tribunal or procedure was not in accordance with the parties’ agreement or this Part.

When may the Court set aside an arbitral award under Section 34(2)(b)(i)?

When the subject-matter of the dispute is not capable of settlement by arbitration under the law in force.

When may the Court set aside an arbitral award under Section 34(2)(b)(ii)?

When the arbitral award is in conflict with the public policy of India.

When is an award considered in conflict with the public policy of India under Explanation 1(i) to Section 34(2)?

When the making of the award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81.

When is an award considered contrary to public policy under Explanation 1(ii) to Section 34(2)?

When it is in contravention with the fundamental policy of Indian law.

When is an award considered contrary to public policy under Explanation 1(iii) to Section 34(2)?

When it is in conflict with the most basic notions of morality or justice.

What limitation is placed on judicial review regarding fundamental policy under Explanation 2 to Section 34(2)?

It shall not entail a review on the merits of the dispute.

When may an arbitral award arising out of arbitrations other than international commercial arbitration be set aside under Section 34(2A) of the Arbitration and Conciliation Act, 1996?

When the Court finds that the award is vitiated by patent illegality appearing on the face of the award.

To which arbitrations does the ground of patent illegality under Section 34(2A) apply?

Arbitrations other than international commercial arbitrations.

What limitation is placed on setting aside an award under the proviso to Section 34(2A)?

An award shall not be set aside merely on the ground of erroneous application of law or reappreciation of evidence.

Within what period must an application for setting aside an arbitral award be made under Section 34(3)?

Within three months from the date the party received the arbitral award.

From which date is the limitation period calculated when a request under Section 33 has been made under Section 34(3)?

From the date the request under Section 33 was disposed of by the arbitral tribunal.

Under what condition may the Court entertain an application after the three-month period under the proviso to Section 34(3)?

If the applicant was prevented by sufficient cause from making the application within the prescribed period.

What additional time may the Court allow for filing an application under the proviso to Section 34(3)?

A further period of thirty days.

What is the outer limit for entertaining an application for setting aside under Section 34(3)?

Three months plus a further thirty days and not thereafter.

What power does the Court have upon receipt of an application under Section 34(1) according to Section 34(4) of the Arbitration and Conciliation Act, 1996?

The Court may adjourn the proceedings to allow the arbitral tribunal an opportunity to eliminate the grounds for setting aside the arbitral award.

Under what condition may the Court adjourn the proceedings under Section 34(4)?

Where it is appropriate and requested by a party.

For what purpose may the Court adjourn the proceedings under Section 34(4)?

To enable the arbitral tribunal to resume the arbitral proceedings or take action to eliminate the grounds for setting aside the award.

What procedural requirement must be fulfilled before filing an application under Section 34 according to Section 34(5)?

Prior notice must be issued to the other party.

What must accompany an application filed under Section 34 according to Section 34(5)?

An affidavit endorsing compliance with the requirement of issuing prior notice.

How must an application under Section 34 be disposed of according to Section 34(6)?

Expeditiously.

What is the maximum time prescribed for disposal of an application under Section 34(6)?

Within one year from the date of service of notice on the other party.

What is the nature of the amendment relating to Section 34 mentioned in the text?

State Amendment applicable to Jammu and Kashmir and Ladakh (Union Territories).

Which provision of the Arbitration and Conciliation Act, 1996 is amended by the State Amendment for Jammu and Kashmir and Ladakh?

Section 34.

What new provision is inserted after Section 34(2) by the State Amendment for Jammu and Kashmir and Ladakh?

Sub-section (2A) allowing setting aside of an arbitral award for patent illegality appearing on the face of the award.

What limitation is placed under the proviso to the inserted Section 34(2A)?

An award shall not be set aside merely on the ground of erroneous application of law or re-appreciation of evidence.

What change is made to the limitation period for filing an application under Section 34(3) by the State Amendment?

The period of three months is substituted with six months.

What change is made to the proviso of Section 34(3) regarding extension of time by the State Amendment?

The period of three months is substituted with six months and thirty days with sixty days.

Under which legal instrument was the amendment to Section 34 adapted for Jammu and Kashmir?

The Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 1123(E) dated 18-3-2020.

Under which legal instrument was the amendment to Section 34 adapted for the Union Territory of Ladakh?

The Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020.

What is the notification number and date of the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020 mentioned in the text?

Notification No. S.O. 3774(E) dated 23-10-2020.

CHAPTER-VIII

FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS

What is the subject matter of Section 35 of the Arbitration and Conciliation Act, 1996?

Finality of arbitral awards.

What is the status of an arbitral award under Section 35?

It is final and binding.

On whom is an arbitral award binding under Section 35?

The parties and persons claiming under them respectively.

To which provision is the finality of an arbitral award under Section 35 subject?

This Part of the Act.

What is the subject matter of Section 36 of the Arbitration and Conciliation Act, 1996?

Enforcement of arbitral award.

When can an arbitral award be enforced under Section 36(1)?

When the time for making an application to set aside the award under Section 34 has expired.

According to which law is an arbitral award enforced under Section 36(1)?

The Code of Civil Procedure, 1908.

In what manner is an arbitral award enforced under Section 36(1)?

In the same manner as if it were a decree of the Court.

What happens if an application for setting aside the award is filed under Section 34 according to Section 36(2)?

The award does not automatically become unenforceable.

Under what condition does an arbitral award become unenforceable when a Section 34 application is filed under Section 36(2)?

When the Court grants an order of stay of the operation of the award.

What procedural requirement must be fulfilled to obtain stay under Section 36(2)?

A separate application must be made for stay of the operation of the award.

What power does the Court have upon receiving an application for stay under Section 36(3)?

The Court may grant stay of the operation of the arbitral award.

Under what condition may the Court grant stay under Section 36(3)?

Subject to such conditions as it deems fit.

What requirement must the Court fulfill when granting stay under Section 36(3)?

It must record the reasons in writing.

What must the Court consider while granting stay of an arbitral award for payment of money under the first proviso to Section 36(3) of the Arbitration and Conciliation Act, 1996?

The provisions for grant of stay of a money decree under the Code of Civil Procedure, 1908.

Under what condition must the Court grant an unconditional stay of the arbitral award under the second proviso to Section 36(3)?

When it is satisfied that a prima facie case of fraud or corruption is made out.

What grounds relating to the arbitration agreement may justify unconditional stay under the second proviso to Section 36(3)?

That the arbitration agreement or contract forming the basis of the award was induced or effected by fraud or corruption.

What ground relating to the award itself may justify unconditional stay under the second proviso to Section 36(3)?

That the making of the award was induced or effected by fraud or corruption.

What is the duration of the unconditional stay granted under the second proviso to Section 36(3)?

Pending disposal of the challenge to the award under Section 34.

To which proceedings does the clarification in the explanation to Section 36(3) apply?

All court cases arising out of or in relation to arbitral proceedings.

Does the explanation to Section 36(3) apply irrespective of the commencement date of arbitral or court proceedings?

Yes, irrespective of whether they commenced before or after the Arbitration and Conciliation (Amendment) Act, 2015.

Which amendment Act is referred to in the explanation to Section 36(3)?

The Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016).

CHAPTER-IX

APPEALS

What is the subject matter of Section 37 of the Arbitration and Conciliation Act, 1996?

Appealable orders.

What overriding clause governs appeals under Section 37(1)?

Notwithstanding anything contained in any other law for the time being in force.

From which orders does an appeal lie under Section 37(1)?

Only from the orders specified in clauses (a), (b) and (c).

To which court does an appeal lie under Section 37(1)?

The court authorised by law to hear appeals from original decrees of the court passing the order.

From which order under Section 8 does an appeal lie under Section 37(1)(a)?

Refusing to refer the parties to arbitration.

From which orders under Section 9 does an appeal lie under Section 37(1)(b)?

Granting or refusing to grant any measure.

From which orders under Section 34 does an appeal lie under Section 37(1)(c)?

Setting aside or refusing to set aside an arbitral award.

From which order of the arbitral tribunal does an appeal lie under Section 37(2)(a)?

Accepting the plea referred to in Section 16(2) or Section 16(3).

From which order of the arbitral tribunal does an appeal lie under Section 37(2)(b)?

Granting or refusing to grant an interim measure under Section 17.

Is a second appeal permitted under Section 37(3)?

No, no second appeal shall lie from an order passed in appeal under this section.

What right of appeal is preserved despite Section 37(3)?

The right to appeal to the Supreme Court.

CHAPTER-X

MISCELLANEOUS

What is the subject matter of Section 38 of the Arbitration and Conciliation Act, 1996?

Deposits.

What power is given to the arbitral tribunal regarding deposits under Section 38(1)?

It may fix the amount of deposit or supplementary deposit as an advance for the costs of arbitration.

For which costs may the arbitral tribunal fix deposits under Section 38(1)?

Costs referred to in Section 31(8).

For what purpose are deposits fixed under Section 38(1)?

As an advance for costs expected to be incurred in respect of the claim submitted to the arbitral tribunal.

What provision applies when a counter-claim is submitted under the proviso to Section 38(1)?

The arbitral tribunal may fix separate deposits for the claim and the counter-claim.

In what proportion must deposits be paid under Section 38(2)?

In equal shares by the parties.

What may happen if one party fails to pay his share of the deposit under the first proviso to Section 38(2)?

The other party may pay that share.

What may the arbitral tribunal do if neither party pays the required share of the deposit under the second proviso to Section 38(2)?

Suspend or terminate the arbitral proceedings in respect of the claim or counter-claim.

What must the arbitral tribunal do with deposits after termination of proceedings under Section 38(3)?

Render an accounting to the parties of the deposits received.

What must the arbitral tribunal do with any unexpended balance under Section 38(3)?

Return it to the party or parties concerned.

What is the subject matter of Section 39 of the Arbitration and Conciliation Act, 1996?

Lien on arbitral award and deposits as to costs.

What right does the arbitral tribunal have under Section 39(1)?

A lien on the arbitral award for any unpaid costs of the arbitration.

To which provisions is the arbitral tribunal’s lien under Section 39(1) subject?

Sub-section (2) and any provision to the contrary in the arbitration agreement.

What situation is addressed under Section 39(2)?

When the arbitral tribunal refuses to deliver the award except on payment of the costs demanded.

What may the Court order when the arbitral tribunal refuses to deliver the award under Section 39(2)?

That the tribunal deliver the award on payment into Court of the costs demanded.

What inquiry may the Court conduct after payment into Court under Section 39(2)?

Such inquiry as it thinks fit regarding the costs demanded.

What may the Court decide regarding payment to the arbitral tribunal under Section 39(2)?

Payment of such sum as the Court considers reasonable as costs.

What must happen to any balance remaining after payment to the arbitral tribunal under Section 39(2)?

It shall be refunded to the applicant.

Who may make an application under Section 39(3)?

Any party.

Under what condition is an application under Section 39(3) not permitted?

When the fees demanded have been fixed by written agreement between the party and the arbitral tribunal.

What right does the arbitral tribunal have regarding an application under Section 39(3)?

To appear and be heard.

What power does the Court have under Section 39(4)?

To make orders regarding costs of the arbitration where the award contains no sufficient provision concerning them.

What is the subject matter of Section 40 of the Arbitration and Conciliation Act, 1996?

Arbitration agreement not to be discharged by death of party thereto.

What is the effect of death of a party on an arbitration agreement under Section 40(1)?

The arbitration agreement shall not be discharged by the death of any party.

Against whom may the arbitration agreement be enforced after the death of a party under Section 40(1)?

The legal representative of the deceased.

Does the death of a party affect the enforceability of the arbitration agreement against other parties under Section 40(1)?

No, it remains enforceable.

What happens to the mandate of an arbitrator appointed by a party upon the death of that party under Section 40(2)?

The mandate of the arbitrator shall not be terminated.

What limitation is placed by Section 40(3) regarding rights extinguished by death?

It does not affect any law under which a right of action is extinguished by the death of a person.

What is the subject matter of Section 41 of the Arbitration and Conciliation Act, 1996?

Provisions in case of insolvency.

What is the effect of an arbitration clause in a contract involving an insolvent under Section 41(1)?

It shall be enforceable by or against the receiver if the receiver adopts the contract.

Against whom may the arbitration clause be enforced when the receiver adopts the contract under Section 41(1)?

The receiver.

To what disputes does the enforceability under Section 41(1) apply?

Disputes arising out of or in connection with the contract.

What situation is addressed under Section 41(2)?

Where a person adjudged insolvent had become a party to an arbitration agreement before commencement of insolvency proceedings.

Under what condition may arbitration be directed under Section 41(2)?

When a matter covered by the arbitration agreement is required to be determined in connection with or for the purposes of insolvency proceedings.

Who may apply for submission of the matter to arbitration under Section 41(2)?

Any other party to the arbitration agreement or the receiver.

To which authority must the application be made under Section 41(2)?

The judicial authority having jurisdiction in the insolvency proceedings.

What power does the judicial authority have upon such application under Section 41(2)?

It may order that the matter be submitted to arbitration in accordance with the arbitration agreement.

On what basis may the judicial authority order arbitration under Section 41(2)?

If it considers that the matter ought to be determined by arbitration having regard to all the circumstances of the case.

What does the term “receiver” include under Section 41(3)?

An Official Assignee.

What is the subject matter of Section 42 of the Arbitration and Conciliation Act, 1996?

Jurisdiction.

What overriding clause governs Section 42 regarding jurisdiction?

Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force.

When does Section 42 apply regarding jurisdiction?

When any application under this Part relating to an arbitration agreement has been made in a Court.

Which Court has jurisdiction once an application under this Part has been made under Section 42?

That Court alone shall have jurisdiction.

Over which matters does the Court have exclusive jurisdiction under Section 42?

The arbitral proceedings and all subsequent applications arising out of the arbitration agreement and the arbitral proceedings.

Where must all subsequent applications relating to the arbitration agreement be made under Section 42?

In the same Court where the first application was made.

What is the subject matter of Section 42A of the Arbitration and Conciliation Act, 1996?

Confidentiality of information.

What overriding clause governs confidentiality under Section 42A?

Notwithstanding anything contained in any other law for the time being in force.

Who are required to maintain confidentiality under Section 42A?

The arbitrator, the arbitral institution and the parties to the arbitration agreement.

What must be kept confidential under Section 42A?

All arbitral proceedings.

What exception to confidentiality is provided under Section 42A?

Disclosure of the award when necessary for implementation and enforcement of the award.

What is the subject matter of Section 42B of the Arbitration and Conciliation Act, 1996?

Protection of action taken in good faith.

Against whom does Section 42B provide protection from legal proceedings?

The arbitrator.

What type of legal proceedings are barred under Section 42B?

Suit or other legal proceedings.

For what actions is the arbitrator protected under Section 42B?

Anything done or intended to be done in good faith.

Under which legal framework must the act be done to attract protection under Section 42B?

Under this Act or the rules or regulations made thereunder.

What is the subject matter of Section 43 of the Arbitration and Conciliation Act, 1996?

Limitations.

Which statute applies to arbitrations under Section 43(1)?

The Limitation Act, 1963.

How does the Limitation Act, 1963 apply to arbitration under Section 43(1)?

In the same manner as it applies to proceedings in court.

For the purposes of Section 43 and the Limitation Act, when is arbitration deemed to have commenced under Section 43(2)?

On the date referred to in Section 21.

What does Section 43(3) deal with regarding arbitration agreements?

Agreements that provide a time limit within which steps must be taken to commence arbitral proceedings.

What power does the Court have when the time fixed in an arbitration agreement has expired under Section 43(3)?

The Court may extend the time.

Under what condition may the Court extend time under Section 43(3)?

If undue hardship would otherwise be caused.

On what basis may the Court extend the time under Section 43(3)?

On such terms as the justice of the case may require.

What period is excluded from limitation computation under Section 43(4)?

The period between commencement of arbitration and the date of the Court’s order setting aside the award.

For which purpose is the period excluded under Section 43(4)?

For computing the time prescribed for commencement of proceedings with respect to the dispute.

What is the nature of the amendment mentioned in the text regarding Section 43 of the Arbitration and Conciliation Act, 1996?

State Amendment applicable to Bihar.

Which provision of the Arbitration and Conciliation Act, 1996 is affected by the Bihar State Amendment?

Section 43.

What change is made to Section 43 by the Bihar State Amendment?

Sub-section (3) of Section 43 is omitted.

Under which legislation was the amendment omitting Section 43(3) enacted?

Bihar Act 20 of 2002.

Under which provision of Bihar Act 20 of 2002 was Section 43(3) omitted?

Section 2.

PART-IA

ARBITRATION COUNCIL OF INDIA

Ins. by Act 33 of 2019, s. 10 (w.e.f. 12-10-2023)

What is the subject matter of Section 43A of the Arbitration and Conciliation Act, 1996?

Definitions applicable to this Part.

When do the definitions under Section 43A apply?

Unless the context otherwise requires.

What does the term “Chairperson” mean under Section 43A(a)?

The Chairperson of the Arbitration Council of India appointed under clause (a) of sub-section (1) of Section 43C.

What does the term “Council” mean under Section 43A(b)?

The Arbitration Council of India established under Section 43B.

What does the term “Member” mean under Section 43A(c)?

A Member of the Council and includes the Chairperson.

What is the subject matter of Section 43B of the Arbitration and Conciliation Act, 1996?

Establishment and incorporation of the Arbitration Council of India.

Who has the power to establish the Arbitration Council of India under Section 43B(1)?

The Central Government.

By what method is the Arbitration Council of India established under Section 43B(1)?

By notification in the Official Gazette.

For what purpose is the Arbitration Council of India established under Section 43B(1)?

To perform duties and discharge functions under the Act.

What is the legal status of the Arbitration Council of India under Section 43B(2)?

A body corporate.

What characteristics does the Council possess as a body corporate under Section 43B(2)?

Perpetual succession and a common seal.

What property-related powers does the Council have under Section 43B(2)?

Power to acquire, hold and dispose of movable and immovable property.

What contractual power does the Council have under Section 43B(2)?

Power to enter into contracts.

What legal capacity does the Council have under Section 43B(2)?

It may sue or be sued in its name.

Where is the head office of the Arbitration Council of India located under Section 43B(3)?

Delhi.

Under what condition may the Council establish offices at other places in India under Section 43B(4)?

With prior approval of the Central Government.

What is the subject matter of Section 43C of the Arbitration and Conciliation Act, 1996?

Composition of the Arbitration Council of India.

What does Section 43C(1) provide regarding the Arbitration Council of India?

It specifies the Members constituting the Council.

Who may be appointed as the Chairperson of the Arbitration Council of India under Section 43C(1)(a)?

A former Judge of the Supreme Court, Chief Justice of a High Court, Judge of a High Court, or an eminent person with special knowledge and experience in arbitration.

Who appoints the Chairperson under Section 43C(1)(a)?

The Central Government.

With whom must the Central Government consult while appointing the Chairperson under Section 43C(1)(a)?

The Chief Justice of India.

Who is nominated as Member under Section 43C(1)(b)?

An eminent arbitration practitioner with substantial knowledge and experience in institutional arbitration, both domestic and international.

Who nominates the arbitration practitioner Member under Section 43C(1)(b)?

The Central Government.

Who may be appointed as Member under Section 43C(1)(c)?

An eminent academician with experience in research and teaching in arbitration and alternative dispute resolution laws.

Who appoints the academician Member under Section 43C(1)(c)?

The Central Government in consultation with the Chairperson.

Who serves as ex officio Member under Section 43C(1)(d)?

Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary.

Who serves as ex officio Member under Section 43C(1)(e)?

Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary.

Who is the part-time Member under Section 43C(1)(f)?

One representative of a recognised body of commerce and industry chosen on rotational basis by the Central Government.

Who serves as Member-Secretary of the Council under Section 43C(1)(g)?

The Chief Executive Officer.

What is the status of the Chief Executive Officer in the Council under Section 43C(1)(g)?

Member-Secretary, ex officio.

What is the subject matter of Section 43D of the Arbitration and Conciliation Act, 1996?

Duties and functions of the Arbitration Council of India.

What is the primary duty of the Council under Section 43D(1)?

To take measures to promote and encourage arbitration, mediation, conciliation and other alternative dispute resolution mechanisms.

What policy-related function must the Council perform under Section 43D(1)?

Frame policy and guidelines for establishment, operation and maintenance of uniform professional standards relating to arbitration.

What power is given to the Council regarding grading of arbitral institutions under Section 43D(2)(a)?

To frame policies governing the grading of arbitral institutions.

What power is given to the Council regarding accreditation under Section 43D(2)(b)?

To recognise professional institutes providing accreditation of arbitrators.

What review power is given to the Council under Section 43D(2)(c)?

To review the grading of arbitral institutions and arbitrators.

What training-related function may the Council perform under Section 43D(2)(d)?

Conduct training, workshops and courses in arbitration in collaboration with law firms, law universities and arbitral institutes.

What standard-setting function is given to the Council under Section 43D(2)(e)?

To frame, review and update norms to ensure satisfactory levels of arbitration and conciliation.

What forum-related function is given to the Council under Section 43D(2)(f)?

To act as a forum for exchange of views and techniques to promote India as a centre for domestic and international arbitration and conciliation.

What advisory function does the Council perform under Section 43D(2)(g)?

To make recommendations to the Central Government for easy resolution of commercial disputes.

What institutional development function is assigned to the Council under Section 43D(2)(h)?

To promote institutional arbitration by strengthening arbitral institutions.

What examination-related function may the Council perform under Section 43D(2)(i)?

Conduct examinations and training on arbitration and conciliation and award certificates.

What record-maintenance function is assigned to the Council under Section 43D(2)(j)?

To establish and maintain a depository of arbitral awards made in India.

What recommendation power regarding institutions is given to the Council under Section 43D(2)(k)?

To make recommendations regarding personnel, training and infrastructure of arbitral institutions.

What residual function may the Council perform under Section 43D(2)(l)?

Such other functions as may be decided by the Central Government.

What is the subject matter of Section 43E of the Arbitration and Conciliation Act, 1996?

Vacancies, etc., not to invalidate proceedings of the Council.

What is the general rule provided under Section 43E regarding acts or proceedings of the Council?

They shall not be invalid merely due to specified defects or irregularities.

Does a vacancy or defect in the constitution of the Council invalidate its proceedings under Section 43E(a)?

No, it does not invalidate the proceedings.

Does a defect in the appointment of a Member invalidate proceedings of the Council under Section 43E(b)?

No, it does not invalidate the proceedings.

Does an irregularity in the procedure of the Council invalidate its proceedings under Section 43E(c)?

No, unless it affects the merits of the case.

What is the subject matter of Section 43F of the Arbitration and Conciliation Act, 1996?

Resignation of Members.

Who may resign from office under Section 43F?

The Chairperson or a Full-time or Part-time Member of the Council.

How may resignation be tendered under Section 43F?

By notice in writing under his hand addressed to the Central Government.

To whom must the resignation notice be addressed under Section 43F?

The Central Government.

What requirement applies to the Chairperson or Full-time Member after submitting resignation under the proviso to Section 43F?

They must continue to hold office unless permitted to relinquish earlier by the Central Government.

What is the maximum period the Chairperson or Full-time Member must continue in office after resignation notice under the proviso to Section 43F?

Three months from the date of receipt of the notice.

What alternative event may end the tenure after resignation under the proviso to Section 43F?

When the successor duly appointed enters upon the office.

What other condition may terminate the office earlier under the proviso to Section 43F?

Expiry of the term of office.

What is the subject matter of Section 43G of the Arbitration and Conciliation Act, 1996?

Removal of Member.

Who has the power to remove a Member under Section 43G(1)?

The Central Government.

On what insolvency-related ground may a Member be removed under Section 43G(1)(a)?

If he is an undischarged insolvent.

On what employment-related ground may a Member be removed under Section 43G(1)(b)?

If he engages in any paid employment during his term of office except a Part-time Member.

On what conviction-related ground may a Member be removed under Section 43G(1)(c)?

If he is convicted of an offence involving moral turpitude in the opinion of the Central Government.

On what financial interest ground may a Member be removed under Section 43G(1)(d)?

If he acquires financial or other interest likely to affect prejudicially his functions as a Member.

On what misconduct ground may a Member be removed under Section 43G(1)(e)?

If he abuses his position making his continuance in office prejudicial to public interest.

On what incapacity ground may a Member be removed under Section 43G(1)(f)?

If he becomes physically or mentally incapable of acting as a Member.

What safeguard is provided before removal under Section 43G(2) on grounds specified in clauses (d) and (e)?

The Supreme Court must conduct an inquiry and report that the Member ought to be removed.

Who makes the reference to the Supreme Court for such inquiry under Section 43G(2)?

The Central Government.

According to whose procedure is the inquiry conducted under Section 43G(2)?

The procedure prescribed by the Supreme Court.

What is the subject matter of Section 43H of the Arbitration and Conciliation Act, 1996?

Appointment of experts and constitution of Committees by the Council.

What power does the Council have regarding experts under Section 43H?

It may appoint such experts as it considers necessary to discharge its functions.

What power does the Council have regarding committees under Section 43H?

It may constitute Committees of experts.

For what purpose may experts and committees be appointed under Section 43H?

To discharge the functions of the Council.

Under what terms and conditions are experts and committees appointed under Section 43H?

As specified by the regulations.

What is the subject matter of Section 43-I of the Arbitration and Conciliation Act, 1996?

General norms for grading of arbitral institutions.

Which authority is responsible for grading arbitral institutions under Section 43-I?

The Arbitration Council of India.

On what basis are arbitral institutions graded under Section 43-I?

Criteria relating to infrastructure, quality and calibre of arbitrators, performance, and compliance with time limits for disposal of arbitrations.

What types of arbitrations are considered while grading arbitral institutions under Section 43-I?

Domestic and international commercial arbitrations.

In what manner is the grading of arbitral institutions carried out under Section 43-I?

In such manner as specified by the regulations.

What is the subject matter of Section 43J of the Arbitration and Conciliation Act, 1996?

Norms for accreditation of arbitrators.

What aspects of arbitrator accreditation are governed under Section 43J?

Qualifications, experience and norms for accreditation of arbitrators.

How are the qualifications for accreditation of arbitrators determined under Section 43J?

As specified by the regulations.

How are the experience requirements for accreditation of arbitrators determined under Section 43J?

As specified by the regulations.

How are the norms for accreditation of arbitrators determined under Section 43J?

As specified by the regulations.

What is the subject matter of Section 43K of the Arbitration and Conciliation Act, 1996?

Depository of awards.

Which authority is responsible for maintaining the depository of arbitral awards under Section 43K?

The Arbitration Council of India.

What type of depository must the Council maintain under Section 43K?

An electronic depository.

What awards must be maintained in the depository under Section 43K?

Arbitral awards made in India.

What additional records must be maintained in the depository under Section 43K?

Other records related to arbitral awards.

In what manner shall the electronic depository be maintained under Section 43K?

In such manner as may be specified by the regulations.

What is the subject matter of Section 43L of the Arbitration and Conciliation Act, 1996?

Power of the Council to make regulations.

Which authority has the power to make regulations under Section 43L?

The Arbitration Council of India.

With whom must the Council consult before making regulations under Section 43L?

The Central Government.

What limitation applies to the regulations made under Section 43L?

They must be consistent with the provisions of the Act and the rules made thereunder.

For what purpose may the Council make regulations under Section 43L?

For discharging its functions and performing its duties under the Act.

What is the subject matter of Section 43M of the Arbitration and Conciliation Act, 1996?

Chief Executive Officer.

What position is established under Section 43M(1)?

Chief Executive Officer of the Arbitration Council of India.

What is the responsibility of the Chief Executive Officer under Section 43M(1)?

Day-to-day administration of the Council.

Who prescribes the qualifications of the Chief Executive Officer under Section 43M(2)?

The Central Government.

Who prescribes the appointment of the Chief Executive Officer under Section 43M(2)?

The Central Government.

Who prescribes the terms and conditions of service of the Chief Executive Officer under Section 43M(2)?

The Central Government.

What functions does the Chief Executive Officer perform under Section 43M(3)?

Functions and duties specified by the regulations.

What administrative body is established under Section 43M(4)?

A Secretariat to the Council.

Who prescribes the number of officers and employees in the Secretariat under Section 43M(4)?

The Central Government.

Who prescribes the qualifications of officers and employees of the Council under Section 43M(5)?

The Central Government.

Who prescribes the appointment of officers and employees of the Council under Section 43M(5)?

The Central Government.

Who prescribes the terms and conditions of service of officers and employees of the Council under Section 43M(5)?

The Central Government.

PART-II

ENFORCEMENT OF CERTAIN FOREIGN AWARDS

CHAPTER-I

New York Convention Awards

What is the subject matter of Section 44 of the Arbitration and Conciliation Act, 1996?

Definition of foreign award.

In which Chapter is the definition of “foreign award” provided under Section 44?

Chapter I of Part II.

What does the term “foreign award” refer to under Section 44?

An arbitral award on differences between persons arising out of legal relationships considered as commercial under Indian law.

What types of legal relationships are covered under the definition of foreign award in Section 44?

Legal relationships whether contractual or not.

From which date must a foreign award be made under Section 44?

On or after 11th October 1960.

What requirement regarding arbitration agreement must be satisfied under Section 44(a)?

The award must be made pursuant to an agreement in writing for arbitration.

To which Convention must the arbitration agreement relate under Section 44(a)?

The Convention set forth in the First Schedule.

What territorial condition must be satisfied for a foreign award under Section 44(b)?

The award must be made in a territory declared by the Central Government to which the Convention applies.

On what basis does the Central Government declare such territories under Section 44(b)?

When it is satisfied that reciprocal provisions have been made.

How does the Central Government declare territories under Section 44(b)?

By notification in the Official Gazette.

What is the subject matter of Section 45 of the Arbitration and Conciliation Act, 1996?

Power of judicial authority to refer parties to arbitration.

What overriding provision governs Section 45 regarding reference to arbitration?

Notwithstanding anything contained in Part I or the Code of Civil Procedure, 1908.

When must a judicial authority refer parties to arbitration under Section 45?

When it is seized of an action in a matter covered by an agreement referred to in Section 44.

Who may request reference to arbitration under Section 45?

One of the parties or any person claiming through or under him.

What duty is imposed on the judicial authority upon such request under Section 45?

To refer the parties to arbitration.

Under what condition may the judicial authority refuse to refer parties to arbitration under Section 45?

If it prima facie finds the arbitration agreement null and void, inoperative or incapable of being performed.

Which type of arbitration agreement is referred to in Section 45?

An agreement referred to in Section 44 relating to foreign awards.

What is the subject matter of Section 46 of the Arbitration and Conciliation Act, 1996?

When foreign award binding.

What is the status of a foreign award enforceable under this Chapter according to Section 46?

It shall be treated as binding for all purposes.

On whom is a foreign award binding under Section 46?

On the persons between whom it was made.

How may a foreign award be used in legal proceedings in India under Section 46?

By way of defence, set off or otherwise.

Who may rely on a foreign award under Section 46?

Any of the persons between whom the award was made.

How are references to enforcing a foreign award interpreted under Section 46?

As including references to relying on the award.

What is the subject matter of Section 47 of the Arbitration and Conciliation Act, 1996?

Evidence required for enforcement of a foreign award.

What must a party applying for enforcement of a foreign award produce before the court under Section 47(1)?

The documents specified in clauses (a), (b) and (c).

What document relating to the award must be produced under Section 47(1)(a)?

The original award or a duly authenticated copy thereof.

How must a copy of the foreign award be authenticated under Section 47(1)(a)?

In the manner required by the law of the country in which it was made.

What arbitration-related document must be produced under Section 47(1)(b)?

The original arbitration agreement or a duly certified copy thereof.

What additional proof must be produced under Section 47(1)(c)?

Evidence necessary to prove that the award is a foreign award.

What must be produced if the award or arbitration agreement is in a foreign language under Section 47(2)?

A certified English translation.

Who may certify the translation under Section 47(2)?

A diplomatic or consular agent of the country to which the party belongs.

What alternative method of certification is permitted under Section 47(2)?

Certification in such other manner as sufficient under the law in force in India.

What does the term “Court” mean under the Explanation to Section 47?

The High Court having jurisdiction over the subject-matter of the arbitral award.

When does the High Court exercise original jurisdiction under the Explanation to Section 47?

When it has original civil jurisdiction over the subject-matter of the award.

Which High Court has jurisdiction in other cases under the Explanation to Section 47?

The High Court having jurisdiction to hear appeals from decrees of courts subordinate to it.

What is the subject matter of Section 48 of the Arbitration and Conciliation Act, 1996?

Conditions for enforcement of foreign awards.

At whose request may enforcement of a foreign award be refused under Section 48(1)?

At the request of the party against whom the award is invoked.

What must the party against whom enforcement is sought do under Section 48(1)?

Furnish proof to the court of the grounds specified in clauses (a) to (e).

On what incapacity-related ground may enforcement of a foreign award be refused under Section 48(1)(a)?

If the parties to the arbitration agreement were under some incapacity under the applicable law.

On what validity-related ground may enforcement of a foreign award be refused under Section 48(1)(a)?

If the arbitration agreement is not valid under the law chosen by the parties or the law of the country where the award was made.

On what notice-related ground may enforcement be refused under Section 48(1)(b)?

If the party was not given proper notice of appointment of the arbitrator or of the arbitral proceedings or was unable to present his case.

On what scope-related ground may enforcement be refused under Section 48(1)(c)?

If the award deals with differences not contemplated by or beyond the scope of the submission to arbitration.

What limitation is placed by the proviso to Section 48(1)(c)?

The separable part of the award relating to matters submitted to arbitration may be enforced.

On what procedural ground may enforcement be refused under Section 48(1)(d)?

If the composition of the arbitral authority or procedure was not in accordance with the parties’ agreement or the law of the country where arbitration took place.

On what binding-status ground may enforcement be refused under Section 48(1)(e)?

If the award has not become binding or has been set aside or suspended by a competent authority of the country where it was made.

What additional grounds allow refusal of enforcement of a foreign award under Section 48(2) of the Arbitration and Conciliation Act, 1996?

When the Court finds the grounds specified in clauses (a) or (b).

On what arbitrability ground may enforcement of a foreign award be refused under Section 48(2)(a)?

If the subject-matter of the difference is not capable of settlement by arbitration under Indian law.

On what public policy ground may enforcement of a foreign award be refused under Section 48(2)(b)?

If enforcement of the award would be contrary to the public policy of India.

When is a foreign award considered in conflict with public policy under Explanation 1(i) to Section 48(2)?

When the making of the award was induced or affected by fraud or corruption or violated Section 75 or Section 81.

When is a foreign award considered contrary to public policy under Explanation 1(ii) to Section 48(2)?

When it is in contravention with the fundamental policy of Indian law.

When is a foreign award considered contrary to public policy under Explanation 1(iii) to Section 48(2)?

When it is in conflict with the most basic notions of morality or justice.

What limitation is placed on the test of contravention of fundamental policy of Indian law under Explanation 2 to Section 48(2)?

It shall not entail a review on the merits of the dispute.

What power does the Court have when an application for setting aside or suspension of the award is pending under Section 48(3)?

The Court may adjourn the decision on enforcement of the award.

What additional order may the Court pass under Section 48(3) during adjournment of enforcement proceedings?

Order the other party to provide suitable security.

Who may apply for security under Section 48(3)?

The party claiming enforcement of the foreign award.

What is the subject matter of Section 49 of the Arbitration and Conciliation Act, 1996?

Enforcement of foreign awards.

When does Section 49 apply regarding enforcement of a foreign award?

When the Court is satisfied that the foreign award is enforceable under this Chapter.

What is the legal status of a foreign award once the Court finds it enforceable under Section 49?

It shall be deemed to be a decree of the Court.

What is the subject matter of Section 50 of the Arbitration and Conciliation Act, 1996?

Appealable orders relating to foreign awards.

What overriding clause governs appeals under Section 50(1)?

Notwithstanding anything contained in any other law for the time being in force.

From which order under Section 45 does an appeal lie under Section 50(1)(a)?

An order refusing to refer the parties to arbitration.

From which order under Section 48 does an appeal lie under Section 50(1)(b)?

An order refusing to enforce a foreign award.

To which court does an appeal lie under Section 50(1)?

The court authorised by law to hear appeals from such order.

Is a second appeal permitted under Section 50(2)?

No, no second appeal shall lie from an order passed in appeal under this section.

Which right of appeal remains unaffected under Section 50(2)?

The right to appeal to the Supreme Court.

What is the subject matter of Section 51 of the Arbitration and Conciliation Act, 1996?

Saving.

What is the effect of Section 51 regarding rights to enforce an award in India?

It preserves the rights of a person to enforce an award in India even if this Chapter had not been enacted.

Does Section 51 affect existing rights relating to enforcement of awards in India?

No, it does not prejudice such rights.

What alternative right relating to awards is preserved under Section 51?

The right to avail oneself of an award in India.

Under what hypothetical condition are rights preserved under Section 51?

As if this Chapter had not been enacted.

What is the subject matter of Section 52 of the Arbitration and Conciliation Act, 1996?

Non-application of Chapter II.

Which Chapter is declared inapplicable under Section 52?

Chapter II of Part II.

To which awards does Section 52 apply?

Foreign awards to which this Chapter applies.

What is the effect of Section 52 regarding Chapter II of Part II?

Chapter II shall not apply to such foreign awards.

CHAPTER-II

GENEVA CONVENTION AWARD

What is the subject matter of Section 53 of the Arbitration and Conciliation Act, 1996?

Interpretation of the term “foreign award” under this Chapter.

What does the term “foreign award” mean under Section 53?

An arbitral award on differences relating to matters considered commercial under the law in force in India.

From which date must a foreign award be made under Section 53?

After the 28th day of July, 1924.

Under what type of agreement must the award be made under Section 53(a)?

An agreement for arbitration to which the Protocol in the Second Schedule applies.

What jurisdictional condition must be satisfied under Section 53(b)?

The award must be between persons subject to the jurisdiction of different Powers declared by the Central Government as parties to the Convention in the Third Schedule.

How are such Powers declared under Section 53(b)?

By notification in the Official Gazette by the Central Government.

What territorial requirement must be satisfied under Section 53(c)?

The award must be made in a territory declared by the Central Government as a territory to which the Convention applies.

How are such territories declared under Section 53(c)?

By notification in the Official Gazette by the Central Government.

When is an award not deemed final under Section 53?

When proceedings contesting the validity of the award are pending in the country where it was made.

What is the subject matter of Section 54 of the Arbitration and Conciliation Act, 1996?

Power of judicial authority to refer parties to arbitration under this Chapter.

What overriding clause governs Section 54 regarding reference to arbitration?

Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908.

When must a judicial authority refer parties to arbitration under Section 54?

When it is seized of a dispute regarding a contract between persons to whom Section 53 applies containing a valid arbitration agreement capable of being carried into effect.

What type of arbitration agreement is covered under Section 54?

An agreement referring to present or future differences.

Who may apply for reference to arbitration under Section 54?

Either party to the contract or any person claiming through or under him.

To whom are the parties referred under Section 54?

To the decision of the arbitrators.

Does reference to arbitration under Section 54 affect the competence of the judicial authority?

No, it does not prejudice the competence of the judicial authority.

In what situation may the judicial authority retain competence under Section 54?

When the arbitration agreement cannot proceed or becomes inoperative.

What is the subject matter of Section 55 of the Arbitration and Conciliation Act, 1996?

When foreign awards are binding.

What is the status of a foreign award enforceable under this Chapter according to Section 55?

It shall be treated as binding for all purposes.

On whom is a foreign award binding under Section 55?

On the persons between whom it was made.

How may a foreign award be used in legal proceedings in India under Section 55?

By way of defence, set off or otherwise.

Who may rely on a foreign award under Section 55?

Any of the persons between whom the award was made.

How are references to enforcing a foreign award interpreted under Section 55?

As including references to relying on the award.

What is the subject matter of Section 56 of the Arbitration and Conciliation Act, 1996?

Evidence required for enforcement of foreign awards under this Chapter.

What must the party applying for enforcement of a foreign award produce before the Court under Section 56(1)?

The documents specified in clauses (a), (b) and (c).

What document relating to the award must be produced under Section 56(1)(a)?

The original award or a duly authenticated copy thereof.

How must a copy of the foreign award be authenticated under Section 56(1)(a)?

In the manner required by the law of the country where the award was made.

What proof regarding the status of the award must be produced under Section 56(1)(b)?

Evidence proving that the award has become final.

What additional proof must be produced under Section 56(1)(c)?

Evidence that the conditions in Section 57(1)(a) and Section 57(1)(c) are satisfied.

What must be produced if a document under Section 56(1) is in a foreign language according to Section 56(2)?

A certified English translation.

Who may certify the translation under Section 56(2)?

A diplomatic or consular agent of the country to which the party belongs.

What alternative certification method is permitted under Section 56(2)?

Certification in such other manner as sufficient under the law in force in India.

What does the term “Court” mean under the Explanation to Section 56?

The High Court having jurisdiction over the subject-matter of the arbitral award.

When does the High Court exercise original jurisdiction under the Explanation to Section 56?

When it has original civil jurisdiction over the subject-matter of the award.

Which High Court has jurisdiction in other cases under the Explanation to Section 56?

The High Court having jurisdiction to hear appeals from decrees of courts subordinate to it.

What is the subject matter of Section 57 of the Arbitration and Conciliation Act, 1996?

Conditions for enforcement of foreign awards under this Chapter.

What must be satisfied for enforcement of a foreign award under Section 57(1)?

The conditions specified in clauses (a) to (e).

What validity requirement must be satisfied under Section 57(1)(a)?

The award must be made pursuant to a submission to arbitration valid under the applicable law.

What arbitrability requirement must be satisfied under Section 57(1)(b)?

The subject-matter of the award must be capable of settlement by arbitration under Indian law.

What tribunal constitution requirement must be satisfied under Section 57(1)(c)?

The award must be made by the arbitral tribunal provided in the submission to arbitration or constituted as agreed by the parties and according to the governing arbitration law.

What finality requirement must be satisfied under Section 57(1)(d)?

The award must have become final in the country where it was made.

When is an award not considered final under Section 57(1)(d)?

When it is open to opposition or appeal or proceedings contesting its validity are pending.

What public policy requirement must be satisfied under Section 57(1)(e)?

Enforcement must not be contrary to the public policy or the law of India.

When is an award considered in conflict with the public policy of India under Explanation 1(i) to Section 57?

When the making of the award was induced or affected by fraud or corruption or violated Section 75 or Section 81.

When is an award considered contrary to public policy under Explanation 1(ii) to Section 57?

When it is in contravention with the fundamental policy of Indian law.

When is an award considered contrary to public policy under Explanation 1(iii) to Section 57?

When it is in conflict with the most basic notions of morality or justice.

What limitation is placed on determining contravention of fundamental policy of Indian law under Explanation 2 to Section 57?

It shall not involve a review on the merits of the dispute.

When shall enforcement of a foreign award be refused under Section 57(2) of the Arbitration and Conciliation Act, 1996?

When the Court is satisfied of the grounds specified in clauses (a), (b) or (c).

On what ground relating to annulment may enforcement be refused under Section 57(2)(a)?

If the award has been annulled in the country in which it was made.

On what notice-related ground may enforcement be refused under Section 57(2)(b)?

If the party against whom the award is sought was not given sufficient notice of the arbitration proceedings to present his case.

On what incapacity-related ground may enforcement be refused under Section 57(2)(b)?

If the party was under legal incapacity and was not properly represented.

On what scope-related ground may enforcement be refused under Section 57(2)(c)?

If the award does not deal with differences contemplated by the submission to arbitration or contains decisions beyond its scope.

What discretion is given to the Court under the proviso to Section 57(2)?

The Court may postpone enforcement or grant it subject to a guarantee if the award has not covered all differences submitted.

What additional ground may allow contesting validity under Section 57(3)?

Any ground under the law governing arbitration procedure other than those mentioned in Section 57(1)(a), 57(1)(c), 57(2)(b) and 57(2)(c).

What power does the Court have when such a ground is proved under Section 57(3)?

It may refuse enforcement of the award or adjourn consideration of enforcement.

What opportunity may the Court grant under Section 57(3)?

Reasonable time to have the award annulled by the competent tribunal.

What is the subject matter of Section 58 of the Arbitration and Conciliation Act, 1996?

Enforcement of foreign awards.

When does Section 58 apply regarding enforcement of a foreign award?

When the Court is satisfied that the foreign award is enforceable under this Chapter.

What is the legal status of a foreign award once the Court finds it enforceable under Section 58?

It shall be deemed to be a decree of the Court.

What is the subject matter of Section 59 of the Arbitration and Conciliation Act, 1996?

Appealable orders relating to foreign awards under this Chapter.

From which order under Section 54 does an appeal lie under Section 59(1)(a)?