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Dated: 09.03.23

ARBITRATION LAW- THE INDIAN CONTEXT

 

The United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985. The UNCITRAL had adopted the UNCITRAL Conciliation Rules in 1980.

Section 1 (1)- In India this Act may be called “The Arbitration and Conciliation Act, 1996”.

Section 1 (2)- It extends to the whole of India:

Provided that Parts I, III and IV shall extend to the State of Jammu and Kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation.

Explanation: In this sub-section, the expression “international commercial conciliation” shall have the same meaning as the expression “international commercial arbitration” in clause (f) of sub-section (1) of section 2, subject to the modification that for the word “arbitration” occurring therein, the word “conciliation” shall be substituted.

 

Arrangement of applicable important & relevant sections:

Section-2: Sub-sections (1) Definitions (2) Defines Place of Arbitration as India

Section-7: Arbitration agreement

Section-11: Appointment of arbitrators

Section-17: Interim measures ordered by arbitral tribunal

Section-20: Place of Arbitration

Section-29A: Time limit for arbitral award

Section-29B: Fast track procedure

Section-30: Settlement

Section-36: Enforcement

Section-37: Appealable orders

Section-41: Provisions in case of insolvency

Section-42: Jurisdiction

Section-43: Limitations

ENFORCEMENT OF CERTAIN FOREIGN AWARDS

New York Convention Awards

Section-44: Definition

Section-46: When foreign award binding

Section-47: Evidence

Section-48: Conditions for enforcement of foreign awards

Section-49: Enforcement of foreign awards

Section-50: Appealable orders

Geneva Convention Awards

 

Section-53: Interpretation

Section-55: Foreign awards when binding

Section-56: Evidence

Section-57: Conditions for enforcement of foreign awards

Section-58: Enforcement of foreign awards

Section-59: Appealable orders

SUPPLEMENTARY PROVISIONS

Section-82: Power of High Court to make rules

Section-83: Removal of difficulties

 

Source: Legislative Department, Govt of India

Download Below:

1. Arbitration Act 1996

 

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