THE ARBITRATION AND CONCILIATION ACT, 1996
No.26 of 1996[16th August, 1996]An Act to consolidate and amend the law relating to domestic arbitration, international commercialarbitration and enforcement of foreign arbitral awards as also to define the law relating toconciliation and for matters connected therewith or incidental thereto.WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adoptedthe UNCITRAL Model Law on International Commercial Arbitration in 1985:AND WHEREAS the General Assembly of the United Nations has recommended that allcountries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitrationpractice;AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980;AND WHEREAS the General Assembly of the United Nations has recommended the use of thesaid Rules in cases where a dispute arises in the context of international commercial relationsand the parties seek an amicable settlement of that dispute by recourse to conciliation;AND WHEREAS the said Model Law and Rules make significant contribution to theestablishment of a unified legal framework for the fair and efficient settlement of disputes arisingin international commercial relations;AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking intoaccount the aforesaid Model Law and Rules;BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:-
1.Short title, extent and commencement.- (1) This Act may be called the Arbitration andConciliation Act, 1996.(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 asthey relate to international commercial arbitration or, as the case may be, internationalcommercial conciliation.Explanation.- In this sub-section, the expression "international commercial conciliation" shall havethe 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.(3) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint.
PART IARBITRATIONCHAPTER I
(1) In this Part, unless the context otherwise requires,-(a) "arbitration" means any arbitration whether or not administered by permanent arbitralinstitution;(b) "arbitration agreement" means an agreement referred to in section 7;