Part IV: Supplementary Provisions Section 82: Power of High Court to make rules This section grants specific rule-making authority to the higher judiciary. Section 83: Removal of difficulties This is a temporary provision giving the government power to fix unforeseen issues that arise when a new law is implemented. (1) If any difficulty arises in
PART III: CONCILIATION Section 61: Application and scope This section defines the kinds of disputes that can be settled using the conciliation process under this Act. (1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes
PART II: ENFORCEMENT OF CERTAIN FOREIGN AWARDS Chapter I: New York Convention Awards Section 44: Definition This section defines the criteria for an award to be recognized in India under the New York Convention. Section 45: Power of judicial authority to refer parties to arbitration This section covers what happens when a lawsuit is filed
PART IA: ARBITRATION COUNCIL OF INDIA (ACI) This part, inserted by a 2019 amendment, establishes a statutory body to promote arbitration, mediation, and conciliation in India. Section 43A: Definitions This section defines the key terms used specifically within Part IA. (a) “Chairperson” means the Chairperson of the Arbitration Council of India appointed under clause (a)
Chapter X: Miscellaneous Section 38: Deposits This section details how the Arbitral Tribunal manages the money deposited by the parties to cover the expenses of the arbitration. (1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in
Chapter IX: Appeals Section 37: Appealable orders This section strictly limits which orders related to arbitration can be challenged (appealed) in a higher court. (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the following orders (and from no others) to the Court authorised by
Chapter VIII: Finality and enforcement of arbitral awards Section 35: Finality of arbitral awards This section states the ultimate authority of the final award. Section 36: Enforcement This section explains how a final arbitral award becomes legally enforceable, just like a decree (order) issued by a civil court. (1) Where the time for making an
Chapter VI: Making of arbitral award and termination of proceedings Section 28: Rules applicable to substance of dispute This section sets out the rules the arbitrator must follow when deciding the actual merits of the dispute. (1) Where the place of arbitration is situate in India,— (a) in an arbitration other than an international commercial
Chapter V: Conduct of Arbitral Proceedings Section 18: Equal treatment of parties This is a fundamental principle of procedural fairness in arbitration. Section 19: Determination of rules of procedure This section clarifies the freedom of the arbitration process from traditional court rules. (1) The arbitral tribunal shall not be bound by the Code of Civil
Chapter IV: Jurisdiction of Arbitral Tribunals Section 16: Competence of arbitral tribunal to rule on its jurisdiction This section enshrines the principle of Kompetenz-Kompetenz, which means the arbitral tribunal has the power to decide its own authority and whether it can hear the case. (1) The arbitral tribunal may rule on its own jurisdiction, including
