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Competence of arbitral tribunal torule on its jurisdiction. Interim measures ordered by arbitraltribunal. Equal treatment of parties. Theparties shall be, treated with equality and each party shall be given a fullopportunity to present his case.
Determination of rules of procedure. Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect ofa particular dispute commence on the date on which a request for that disputeto be referred to arbitration is received by the respodent.
Statements of claim and defence. Hearings and written proceedings. Default of a party. Unless otherwiseagreed by the parties, where, without showing sufficient cause,-. Expert appointed by arbitraltribunal.
Court assistance in taking evidence. Rules applicable to substance ofdispute. Decision making by panel ofarbitrators. Form and contents of arbitral award. Explanation,- For the purpose of clause a ,' costs' meansresponsible costs relating to-. Termination of proceedings. Correction and interpretation ofaward; additional award.
Application for setting asidearbitral award. Finality of arbitral awards. Subjectto this Part an arbitral award shall be final and binding on the parties andpersons claiming under them respectively. Where the tune formaking an application to set aside the, arbitral award under award shall beendorced under the Code of Civil Procedure, 5 of Provided thatwhere, apart from the claim, a counter- claim has been submitted to thearbitral tribunal, it may fix separate amount of deposit for the claim and counterclaim.
Lien on arbitral award and depositsas to costs. Arbitration agreement not to bedischarged by death of party thereto. Provisions in case of insolvency.
Notwithstandinganything contained elsewhere in this Part or in any other law for the timebeing in force, where with respect to an arbitration agreement any applicationunder this Part has been made in a Court, that Court alone shall havejurisdiction over. In this Chapter, unlessthe context otherwise requires,' foreign award' means an arbitralaward on differences between persons arising out of legal relationships,whether contractual or not, considered as commercial under the law in force hiIndia, made on or after the 11th day of October, -.
Power of judicial authority to referparties to arbitration. Notwithstanding anything contained in Part I or in theCode of Civil Procedure, 5 of , a judicial authority, when seizedof an action in a matter in respect of which the parties have made an agreementreferred to in section 44, shall, at the request of one of the parties or anyperson claiming through or under him, refer the parties to arbitration, unlessit finds that the said agreement is mill and void, inoperative or incapable ofbring performed.
When foreign award binding. Anyforeign award which would be enforceable under this Chapter shall be treated asbinding for all purposes on the persons as between whom it was made, and mayaccordingly be relied on by any of those persons by way of defence, set off orotherwise in any legal proceedings in India and any references in this Chapterto enforcing a foreign award shall be construed as including references tofiling on an award. Conditions for enforcement of foreignawards.
Enforcement of foreign awards. Wherethe Court is satisfied that the foreign award is enforceable under thisChapter, the award shall be deemed to be a decree of that Court. Nothing in this Chapter shallprejudice any rights which any person would have had of enforcing in India ofany award or of availing himself in India of any award if this Chapter had notbeen enacted.
Chapter II not to apply. Chapter IIof this Part shall not apply in relation to foreign awards to which thisChapter applies. In this Chapter'foreign award' means an arbitral award on differences relating to mattersconsidered as commercial under the law in force in India made after the 28thday of July, ,-.
Notwithstanding anything contained in Part I or in theCode of Civil Procedure, 5 of , a judicial authority, on beingseized of a dispute regarding a contract made between persons to whom section53 applies and including an arbitration agreement, whether referring to presentor future differences, which is valid under that section and capable of beingcarried into effect, shall refer the parties on the application of either ofthem or any person claiming through or under him to the decision of thearbitrators and such reference shall not prejudice the competence of thejudicial authority in case the agreement or the arbitration cannot proceed orbecomes inoperative.
Foreign awards when binding. Anyforeign award which would be enforceable under this Chapter shall be treated asbinding for all purposes on the persons as between whom it was made, and mayaccordingly be relied on by any of those persons by way of defence, set off orotherwise in any legal proceedings in India and any references in this Chapterto enforcing a foreign award shall be construed as including references torelying on an award. Wherethe Court is satisfied that the foreign award is enforceable under thisChapter, the award shall be deemed to be a decree of the Court.
Commencement of conciliationproceedings. Appointment of conciliators. Submission of statements to conciliator. Each partyshall send a copy of such statement to the other party.
The party shall send a copy of suchstatement, documents and other evidence to the other party. Conciliator not bound by certainenactments. Such proposals need not be in writing and need not be accompanied by astatement of the masons therefor. In orderto facilitate the conduct of the conciliation proceedings, the parties, or theconciliator with the consent of the parties, may arrange for administrativeassistance by a suitable institution or person.
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