THE ARBITRATION & CONCILIATION ACT, 1996

(No. 26 of 1996)
[16th August, 1996]

An Act to consolidate and amend the law relating to domestic arbitration, international commer-
cial arbitration and enforcement of foreign arbitral awards as also to define the law relating to
conciliation and for matters connected therewith or incidental thereto.

WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted
the UNCITRAL Model Law on International Commercial Arbitration in 1985;

AND WHEREAS the General Assembly of the United Nations has recommended that all countries
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 arbitration practice;

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 the said
Rules in cases 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;

AND WHEREAS the said Model Law and Rules make significant contribution to the establishment of a
unified legal framework for the fair and efficient settlement of disputes arising in international commercial
relations;

AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking into ac-
count the aforesaid Model Law and Rules;

Be it enacted by Parliament in the Forty-seventh year of the Republic of India as follows:

Statement of Objects and Reasons as given in the Arbitration and Conciliation Bill, 1995 –

The Statement of Objects and Reasons for this Bill are as follows: –

1.The law of Arbitration in India is at present substantially contained in three enactments, namely, the
Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards
(Recognition and Enforcement) Act, 1961. It is widely felt that the 1940 Act, which contains the general
law of arbitration, has become outdated. The Law Commission of India, several representative bodies
of trade and industry and experts in the field of arbitration have proposed amendments to this Act to
make it more responsive to contemporary requirements. It is also recognised that our economic reforms
may not become fully effective if the law dealing with settlement of both domestic and international
commercial disputes remains out of tune with such reforms. Like arbitration, conciliation is also getting
increasing world wide recognition as an instrument for settlement of disputes. There is, however, no
general law on the subject in India.

2.The United Nations Commission on International Trade Law (UNCITRAL) adopted in 1985 the
Model Law on International Commercial Arbitration. The General Assembly of the United Nations has
recommended that all countries 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 arbitra-
tion practice. The UNCITRAL also adopted in 1980 a set of Conciliation Rules. The General Assem-
bly of the United Nations has recommended the use of these Rules in cases where the disputes arise in
the context of international commercial relations and the parties seek amicable settlement of their
disputes by recourse to conciliation. An important feature of the said UNCITRAL Model Law and
Rules is that they have harmonised concepts on arbitration and conciliation of different legal systems of
the world and thus contain provisions which are designed for universal application.

3.Though the said UNCITRAL Model Law and Rules are intended to deal with international commer-
cial arbitration and conciliation, they could, with appropriate modifications, serve as a model for legisla-
tion on domestic arbitration and conciliation. The present Bill seeks 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, taking into account the said UNCITRAL Model
Law and Rules.

4.The main objectives of the Bill are as under :–

(i)to comprehensively cover international commercial arbitration and conciliation as also domestic
arbitration and conciliation;

(ii)to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs
of the specific arbitration;

(iii)to provide that the arbitral tribunal gives reasons for its arbitral award;

(iv)to ensure that the arbitral tribunal remains within the limits of its jurisdiction;

(v)to minimise the supervisory role of courts in the arbitral process;

(vi)to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral
proceedings to encourage settlement of disputes;

(vii)to provide that every final arbitral award is enforced in the same manner as if it were a decree of the
court;

(viii)to provide that a settlement agreement reached by the parties as a result of conciliation proceed-
ings will have the same status and effect as an arbitral award on agreed terms on the substance of the
dispute rendered by an arbitral tribunal; and

(ix)provide that, for purposes of enforcement of foreign awards, every arbitral award made in a country
to which one of the two international conventions relating to foreign arbitral awards to which India is a
party applies, will be treated as a foreign award.

5. The Bill seeks to achieve the above objects.

PRELIMINARY

S.1. Short title, extent and commencement –

(1)This Act may be called the Arbitration and Conciliation
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 as they
relate to international commercial arbitration or, as the case may be, international commercial concilia-
tion.

Explanation – In this sub-section, the expression mmercial conciliationhe expression clause (f) of sub-
section (1) of Section 2, subject to the modification that for the word ring therein, the word ted.

(3) It shall be deemed to have come into force on the 25th day of January 1996.

PART I
ARBITRATION

CHAPTER I
GENERAL PROVISIONS

S.2. Definitions –

(1)In this Part, unless the context otherwise requires, –

(a)dministered by permanent arbitral institution;

(b)to in Section 7;

(c)

(d)el of arbitrators;

(e) inal jurisdiction in a district, and includes the High Court, in exercise of its ordinary original civil
jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the
same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to
such principal Civil Court, or any Court of Small Causes;

(f) n 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 is–

(i)an individual who is a national of, or habitually resident in, any country other than India; or

(ii)a body corporate which is incorporated in any country other than India; or

(iii)a company or an association or a body of individuals whose central management and control is
exercised in any country other than India; or

(iv)the Government of a foreign country;

(g)resents the estate of a deceased person, and includes any person who intermeddles with the estate of
the deceased, and, where a party acts in a representative character, the person on whom the estate
devolves on the death of the party so acting;

(h)

Scope –

(2) This Part shall apply where the place of arbitration is in India.

(3)This Part shall not affect any other law for the time being in force by virtue of which certain disputes
may not be submitted to arbitration.

(4)This Part except sub-section (1) of Section 40, Sections 41 and 43 shall apply 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 other enactment were an arbitration agreement, except in so far as the provi-
sions of this Part are inconsistent with that other enactment or with any rules made thereunder.

(5)Subject to the provisions of sub-section (4), and save in so far as is otherwise provided by any law
for the time being in force or in any agreement in force between India and any other country or coun-
tries, this Part shall apply to all arbitrations and to all proceedings relating thereto.

Construction of references –

(6)Where this Part, except Section 28, leaves the parties free to determine a certain issue, that freedom
shall include the right of parties to authorise any person including an institution, to determine that issue.

(7)An arbitral award made under this Part shall be considered as a domestic award.

(8)Where this Part –

(a)refers to the fact that the parties have agreed or that they may agree, or

(b)in any other way refers to an agreement of the parties,

that agreement shall include any arbitration rules referred to in that agreement.

(9)Where this Part, other than clause (a) of Section 25 or clause (a) of sub-section (2) of Section 32,
refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also
apply to a defence to that counter-claim.

S.3. Receipt of written communications –

(1)Unless otherwise agreed by the parties, –

(a)any written communication is deemed to have been received if it is delivered to the addressee per-
sonally or at his place of business, habitual residence or mailing address, and

(b)if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a
written communication is deemed to have been received if 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 which
provides a record of the attempt to deliver it.

(2)The communication is deemed to have been received on the day it is so delivered.

(3)This section does not apply to written communications in respect of proceedings of any judicial
authority.

S.4. Waiver of right to object –

A party who knows that –

(a)any provision of this Part from which the parties may derogate, or

(b)any requirement under the arbitration agreement,

has not been complied with and yet proceeds with the arbitration without stating his objection to such
non-compliance without undue delay or, if a time limit is provided for stating that objection, within that
period of time, shall be deemed to have waived his right to so object.

S.5. Extent of judicial intervention –

Notwithstanding anything contained in any other law for the time being in force, in matters governed by
this Part, no judicial authority shall intervene except where so provided in this Part.

S.6. Administrative assistance –

In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the
consent of the parties, may arrange for administrative assistance by a suitable institution or person.

CHAPTER II
ARBITRATION AGREEMENT

S.7. Arbitration agreement –

(1)In this Part, ment by the parties to submit to arbitration all or certain disputes which have arisen or
which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2)An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a
separate agreement.

(3)An arbitration agreement shall be in writing.

(4)An arbitration agreement is in writing if it is contained in –

(a)a document signed by the parties;

(b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a
record of the agreement; or

(c)an exchange of statements of claim and defence in which the existence of the agreement is alleged by
one party and not denied by the other.

(5)The reference in a contract to a document containing an arbitration clause constitutes an arbitration

agreement if the contract is in writing and the reference is such as to make that arbitration clause part of
the contract.

S.8. Power to refer parties to arbitration where there is an

arbitration agreement –

(1) A judicial authority before which an action is brought in a matter which is the subject of an
arbitration agreement shall, if a party so applies not later than when submitting his first statement on the
substance of the dispute, refer the parties to arbitration.

(2)The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the
original arbitration agreement or a duly certified copy thereof.

(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is
pending before the judicial authority, an arbitration may be commenced or continued and an arbitral
award made.

S.9. Interim measures etc. by Court –

A party may, 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, apply to a Court: –

(i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of
arbitral proceedings; or

(ii)for an interim measure of protection in respect of any of the following matters, namely :–

(a)the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration
agreement;
(b)securing the amount in dispute in the arbitration;

(c)the detention, preservation or inspection of any property or thing which is the subject-matter of the
dispute in arbitration, or as to which any question may arise therein and authorising for any of the
aforesaid purposes any person to enter upon any land or building in the possession of any party, or
authorising any samples to be taken or any observation to be made, or experiment to be tried, which
may be necessary or expedient for the purpose of obtaining full information or evidence;

(d)interim injunction or the appointment of a receiver;

(e)such other interim measure of protection as may appear to the Court to be just and convenient,

and the Court shall have the same power for making orders as it has for the purpose of, and in relation
to, any proceedings before it.

CHAPTER III
COMPOSITION OF ARBITRAL TRIBUNAL

S.10. Number of Arbitrators –

(1)The parties are free to determine the number of arbitrators, provided that such number shall not be
an even number.

(2)Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole
arbitrator.

S.11. Appointment of arbitrators –

(1)A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.

(2)Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator
or arbitrators.

(3)Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each
party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator
who shall act as the presiding arbitrator.

(4)If the appointment procedure in sub-section (3) applies and –

(a)a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the
other party; or

(b)the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of
their appointment,

the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution
designated by him.
(5)Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the
parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the
other party to so agree, the appointment shall be made, upon request of a party, by the Chief Justice or
any person or institution designated by him.

(6)Where, under an appointment procedure agreed upon by the parties, –

(a)a party fails to act as required under that procedure; or

(b)the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that
procedure; or

(c)a person, including an institution, fails to perform any function entrusted to him or it under that proce-
dure,

a party may request the Chief Justice or any person or institution designated by him to take the neces-
sary measure, unless the agreement on the appointment procedure provides other means for securing
the appointment.

(7)A decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the
Chief Justice or the person or institution designated by him is final.

(8)The Chief Justice or the person or institution designated by him, in appointing an arbitrator, shall have
due regard to –

(a)any qualifications required of the arbitrator by the agreement of the parties; and

(b)other considerations as are likely to secure the appointment of an independent and impartial arbitra-
tor.

(9)In the case of appointment of sole or third arbitrator in an international commercial arbitration, the
Chief Justice of India or the person or institution designated by him may appoint an arbitrator of a
nationality other than the nationalities of the parties where the parties belong to different nationalities.

(10)The Chief Justice may make such scheme as he may deem appropriate for dealing with matters
entrusted by sub-section (4) or sub-section (5) or sub-section (6) to him.

(11)Where more than one request has been made under sub-section (4) or sub-section (5) or sub-
section (6) to the Chief Justices of different High Courts or their designates, the Chief Justice or his
designate to whom the request has been first made under the relevant sub-section shall alone be compe-
tent to decide on the request.

(12)(a) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in an
international commercial arbitration, the reference to Justicereference to the

(b) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in any other
arbitration, the reference to sections shall be construed as a reference to the Chief Justice of the High
Court within whose local limits the principal Civil Court referred to in clause (e) of sub-section (1) of
Section 2 is situate and, where the High Court itself is the Court referred to in that clause, to the Chief
Justice of that High Court.
S.12. Grounds for challenge –

(1)When a person is approached in connection with his possible appointment as an arbitrator, he shall
disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or
impartiality.

(2)An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall, without
delay, disclose to the parties in writing any circumstances referred to in sub-section (1) unless they have
already been informed of them by him.

(3)An arbitrator may be challenged only if –

(a)circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or

(b)he does not possess the qualifications agreed to by the parties.

(4)A party may challenge an arbitrator appointed by him, or in whose appointment he has participated,
only for reasons of which he becomes aware after the appointment has been made.

S.13. Challenge procedure –

(1)Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator.

(2)Failing any agreement referred to in sub-section (1), a party who intends to challenge an arbitrator
shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becom-
ing aware of any circumstances referred to in sub-section (3) of Section 12, send a written statement of
the reasons for the challenge to the arbitral tribunal.

(3)Unless the arbitrator challenged under sub-section (2) withdraws from his office or the other party
agrees to the challenge, the arbitral tribunal shall decide on the challenge.

(4)If a challenge under any procedure agreed upon by the parties or under the procedure under sub-
section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an
arbitral award.

(5)Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may
make an application for setting aside such an arbitral award in accordance with Section 34.

(6)Where an arbitral award is set aside on an application made under sub-section (5), the Court may
decide as to whether the arbitrator who is challenged is entitled to any fees.

S.14. Failure or impossibility to act –

(1)The mandate of an arbitrator shall terminate if –

(a)he becomes de jure or de facto unable to perform his functions or for other reasons fails to act
without undue delay; and

(b)he withdraws from his office or the parties agree to the termination of his mandate.

(2)If a controversy remains concerning any of the grounds referred to in clause (a) of sub-section (1), a
party may, unless otherwise agreed by the parties, apply to the Court to decide on the termination of the
mandate.

(3)If, under this section or sub-section (3) of Section 13, an arbitrator withdraws from his office or a
party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the
validity of any ground referred to in this section or sub-section (3) of Section 12.

S.15. Termination of mandate and substitution of arbitrator –

(1)In addition to the circumstances referred to in Section 13 or Section 14, the mandate of an arbitrator
shall terminate –

(a)where he withdraws from office for any reason; or

(b)by or pursuant to agreement of the parties.

(2)Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to
the rules that were applicable to the appointment of the arbitrator being replaced.

(3)Unless otherwise agreed by the parties, where an arbitrator is replaced under sub-section (2), any
hearings previously held may be repeated at the discretion of the arbitral tribunal.

(4)Unless otherwise agreed by parties, an order or ruling of the arbitral tribunal made prior to the
replacement of an arbitrator under this section shall not be invalid solely because there has been a
change in the composition of the arbitral tribunal.

CHAPTER IV
JURISDICTION OF ARBITRAL TRIBUNALS

S.16. Competence of arbitral tribunal to rule on its jurisdic-

tion –

(1)The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect
to the existence or validity of the arbitration agreement, and for that purpose, –

(a)an arbitration clause which forms part of a contract shall be treated as an agreement independent of
the other terms of the contract; and

(b)a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause.

(2)A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission
of statement of defence; however, a party shall not be precluded from raising such a plea merely be-
cause that he has appointed, or participated in the appointment of, an arbitrator.
(3)A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the
matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

(4)The arbitral tribunal may, in either of the cases referred to in sub-section (2) or sub-section (3), admit
a later plea if it considers the delay justified.

(5)The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and,
where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and
make an arbitral award.

(6)A party aggrieved by such an arbitral award may make an application for setting aside such an
arbitral award in accordance with Section 34.

S.17. Interim measures ordered by arbitral tribunal –

(1)Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a
party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect
of the subject matter of the dispute.

(2)The arbitral tribunal may require a party to provide appropriate security in connection with a measure
ordered under sub-section (1).

CHAPTER V
CONDUCT OF ARBITRAL PROCEEDINGS

S.18. Equal treatment of parties –

The parties shall be treated with equality and each party shall be given a full opportunity to present his
case.

S.19. Determination of rules of procedure –

(1)The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (V of 1908) or the
Indian Evidence Act, 1872 (I of 1872).

(2)Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral
tribunal in conducting its proceedings.

(3)Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part,
conduct the proceedings in the manner it considers appropriate.

(4)The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissi-
bility, relevance, materiality and weight of any evidence.
S.20. Place of arbitration –

(1)The parties are free to agree on the place of arbitration.

(2)Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by
the arbitral tribunal having regard to the circumstances of the case, including the convenience of the
parties.

(3)Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed
by the parties, meet ant any place it considers appropriate for consultation among its members, for
hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.

S.21. Commencement of arbitral proceedings –

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute
commence on the date on which a request for that dispute to be referred to arbitration is received by
the respondent.

S.22. Language –

(1)The parties are free to agree upon the language or languages to be used in the arbitral proceedings.

(2)Failing any agreement referred to in sub-section (1), the arbitral tribunal shall determine the language
or languages to be used in the arbitral proceedings.

(3)The agreement or determination, unless otherwise specified, shall apply to any written statement by a
party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal.

(4)The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation
into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

S.23. Statements of claim and defence –

(1)Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the
claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and
the respondent shall state his defence in respect of these particulars, unless the parties have otherwise
agreed as to the required elements of those statements.

(2)The parties may submit with their statements all documents they consider to be relevant or may add a
reference to the documents or other evidence they will submit.

(3)Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence
during the course of arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow
the amendment or supplement having regard to the delay in making it.

S.24. Hearings and written proceedings –

(1)Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings
for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on
the basis of documents and other materials:

Provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on
a request by a party, unless the parties have agreed that no oral hearing shall be held.

(2)The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral
tribunal for the purposes of inspection of documents, goods or other property.

(3)All statements, documents or other information supplied to, or applications made to the arbitral
tribunal by one party shall be communicated to the other party, and any expert report or evidentiary
document on which the arbitral tribunal may rely in making its decision shall be communicated to the
parties.

S.25. Default of a party –

Unless, otherwise agreed by the parties, where, without showing sufficient cause:–

(a)the claimant fails to communicate his statement of claim in accordance with sub-section (1) of Section
23, the arbitral tribunal shall terminate the proceedings;

(b)the respondent fails to communicate his statement of defence in accordance with sub-section (1) of
Section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an
admission of the allegation by the claimant;

(c)a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal
may continue the proceedings and make the arbitral award on the evidence before it.

S.26. Expert appointed by arbitral tribunal –

(1)Unless otherwise agreed by the parties, the arbitral tribunal may –

(a)appoint one or more experts to report to it on specific issues to be determined by the arbitral tribu-
nal, and

(b)require a party to give the expert any relevant information or to produce, or to provide access to,
any relevant documents, goods or other property for his inspection.

(2)Unless otherwise agreed by the parties, if the party so requests or if the arbitral tribunal considers it
necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing
where the parties have the opportunity to put questions to him and to present expert witnesses in order
to testify on the points at issue.

(3)Unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to
that party for examination all documents, goods or other property in the possession of the expert with
which he was provided in order to prepare his report.

S.27. Court assistance in taking evidence –

(1)The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for
assistance in taking evidence.

(2)The application shall specify –

(a)the names and addresses of the parties and the arbitrators;

(b)the general nature of the claim and the relief sought;

(c)the evidence to be obtained, in particular, –

(i)the name and address of any person to be heard as witness or expert witness and a statement of the
subject-mater of the testimony required;

(ii)the description of any document to be produced or property to be inspected.

(3)The Court may, within its competence and according to its rules on taking evidence, execute the
request by ordering that the evidence be provided directly to the arbitral tribunal.

(4)The Court may, while making an order under sub-section (3), issue the same processes to witnesses
as it may issue in suits tried before it.

(5)Persons failing to attend in accordance with such process, or making any other default, or refusing to
give their evidence, or guilty of any contempt to the arbitral tribunal during the conduct of arbitral
proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the Court
on the representation of the arbitral tribunal as they would incur for the like offences in suits tried before
the Court.

(6)In this Section the expression summonses and commissions for the examination of witnesses and
summonses to produce documents.

CHAPTER VI
MAKING OF ARBITRAL AWARDS AND TERMINATION OF PROCEEDINGS

S.28. Rules applicable to substance of dispute –

(1)Where the place of arbitration is situated in India, –

(a)in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the
dispute submitted to arbitration in accordance with the substantive law for the time being in force in
India;

(b)in international commercial arbitration, –

(i) the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the
parties as applicable to the substance of the dispute;

(ii) any designation by the parties of the law or legal systems of a given country shall be construed,
unless otherwise expressed, as directly referring to the substantive law of that country and not to its
conflict of laws rules;

(iii) failing any designation of the law under sub-clause (ii) by the parties, the arbitral tribunal shall
apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.

(2)The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties
have expressly authorised it to do so.

(3)In all cases the arbitral tribunal shall decide in accordance with the terms of the contract and shall
take into account the usages of the trade applicable to the transaction.

S.29. Decision making by panel of arbitrators –

(1)Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any
decision of the arbitral tribunal shall be made by a majority of all its members.

(2)Notwithstanding sub-section (1), if authorised by the parties or all the members of the arbitral
tribunal, questions of procedure may be decided by the presiding arbitrator.

S.30. Settlement –

(1)It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of
the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or
other procedures at any time during the arbitral proceedings to encourage settlement.

(2)If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the
proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the
settlement in the form of an arbitral award on agreed terms.

(3)An arbitral award on agreed terms shall be made in accordance with Section 31 and shall state that it
is an arbitral award.

(4)An arbitral award on agreed terms shall have the same status and effect as any other arbitral award
on the substance of the dispute.

S.31. Form and contents of arbitral award –

(1)An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.

(2)For the purposes of sub-section (1), in arbitral proceedings with more than one arbitrator, the
signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the
reason for any omitted signature is stated.

(3)The arbitral award shall state the reasons upon which it is based, unless–

(a)the parties have agreed that no reasons are to be given, or

(b)the award is an arbitral award on agreed terms under Section 30.

(4)The arbitral award shall state its date and the place of arbitration as determined in accordance with
Section 20 and the award shall be deemed to have been made at that place.

(5)After the arbitral award is made, a signed copy shall be delivered to each party.

(6)The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award
on any matter with respect to which it may make a final arbitral award.

(7)(a) Unless otherwise agreed by parties, where and in so far as an arbitral award is for the payment
of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate
as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period
between the date on which the cause of action arose and the date on which the award is made.

(b) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry
interest @ 18 per centum per annum from the date of the award to the date of payment.

(8)Unless otherwise agreed by the parties, –

(a)the costs of an arbitration shall be fixed by the arbitral tribunal;

(b)the arbitral tribunal shall specify –

(i)the party entitled to costs,

(ii) the party who shall pay the costs,
(iii) the amount of costs or method of determining that amount, and
(iv) the manner in which the costs shall be paid.

Explanation. –For the purpose of clause (a), costs relating to –

(i) the fees and expenses of the arbitrators and witnesses,

(ii) legal fees and expenses,
(iii) any administration fees of the institution supervising the arbitration, and
(iv) any other expenses incurred in connection with the arbitral proceedings and the arbitral award.

S.32. Termination of proceedings –

(1)The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral
tribunal under sub-section (2).

(2)The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where –

(a)the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal
recognises a legitimate interest on his part in obtaining a final settlement of the disputes,

(b)the parties agree on termination of the proceedings, or

(c)the arbitral tribunal finds that the continuation of the proceedings has for any other reason become
unnecessary or impossible.

(3)Subject to Section 33 and sub-section (4) of Section 34, the mandate of the arbitral tribunal shall
terminate with the termination of the arbitral proceedings.

S.33. Correction and interpretation of award; additional

award –

(1)Within thirty days from the receipt of the arbitral award, unless another period of time has been
agreed upon by the parties –

(a)a party, with notice to the other party, may request the arbitral tribunal to correct any computation
errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award;

(b)if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to
give an interpretation of a specific point or part of the award.

(2)If the arbitral tribunal considers the request made under sub-section (1) to be justified, it shall make
the correction or give the interpretation within thirty days from the receipt of the request and the inter-
pretation shall form part of the arbitral award.

(3)The arbitral tribunal may correct any error of the type referred to in clause (a) of sub-section (1), on
its own initiative, within thirty days from the date of the arbitral award.

(4)Unless otherwise agreed by the parties, a party with notice to the other party, may request, within
thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral
award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

(5)If the arbitral tribunal considers the request made under sub-section (4) to be justified, it shall make
the additional arbitral award within sixty days from the receipt of such request.

(6)The arbitral tribunal may extent, if necessary, the period of time within which it shall make a correc-
tion, give an interpretation or make an additional arbitral award under sub-section (2) or sub-section
(5).

(7)Section 31 shall apply to a correction or interpretation of the arbitral award or to an additional

arbitral award made under this section.
 CHAPTER VII
RECOURSE AGAINST ARBITRAL AWARD

S.34. Application for setting aside arbitral award –

(1)Recourse to a Court against an arbitral award may be made only by an application for setting aside
such award in accordance with sub-section (2) and sub-section (3).

(2)An arbitral award may be set aside by the Court only if –

(a)the party making the application furnishes proof that –

(i) a party was under some incapacity; or

(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing
any indication thereon, under the law for the time being in force; or

(iii) the party making the application was not given proper notice of the appointment of an arbitrator
or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the
submission to arbitration, or it contains decision on matters beyond the scope of the submission to
arbitration:

Provided that, if the decisions on matters submitted to arbitration can be separated from those not so
submitted, only that part of the arbitral award which contains decisions on matters not submitted to
arbitration may be set aside; or

(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the
agreement of the parties, unless such agreement was in conflict with a provision of this Part from which
the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or

(b)the Court finds that –

(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the
time being in force; or

(ii) the arbitral award is in conflict with the public policy of India.

Explanation – Without prejudice to the generality of sub-clause (ii) of clause (b), it is hereby declared,
for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making
of the award was induced or affected by fraud or corruption or was in violation of Section 75 or
Section 81.

(3)An application for setting aside may not be made after three months have elapsed from the date on
which the party making that application had received the arbitral award or, if a request had been made
under Section 33, from the date on which that request had been disposed of by the arbitral tribunal:

Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making
the application within the said period of three months it may entertain the application within a further
period of thirty days, but not thereafter.

(4) On receipt of an application under sub-section (1), the Court may, where it is appropriate and it
is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give
the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in
the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.

CHAPTER VIII
FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS

S.35. Finality of arbitral awards –

Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under
them respectively.

S.36. Enforcement –
Where the time for making an application to set aside the arbitral award under Section 34 has expired,
or such application having been made, it has been refused, the award shall be enforced under the Code
of Civil procedure, 1908 (V of 1908) in the same manner as if it were a decree of the Court.

CHAPTER IX
APPEALS

S.37. Appealable orders –

(1)An appeal shall lie from the following orders (and from no others) to the court authorised by law to
hear appeals from original decrees of the Court passing the order, namely :–

(a)granting or refusing to grant any measure under Section 9;

(b)setting aside or refusing to set aside an arbitral award under Section 34.

(2)An appeal shall also lie to a court from an order of the arbitral tribunal –

(a)accepting the plea referred to in sub-section (2) or sub-section (3) or Section 16; or

(b)granting or refusing to grant an interim measure under Section 17.

(3)No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.

CHAPTER X
MISCELLANEOUS
S.38. Deposits –

(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 sub-section (8) of Section 31, which it expects will be in-
curred in respect of the claim submitted to it:

Provided that where, apart from the claim, a counter-claim has been submitted to the arbitral tribunal, it
may fix separate amount of deposit for the claim and counter-claim.

(2)The deposit referred to in sub-section (1) shall be payable in equal shares by the parties:

Provided that where one party fails to pay his share of the deposit, the other party may pay that share:

Provided further that where the other party also does not pay the aforesaid share in respect of the claim
or the counter-claim, the arbitral tribunal may suspend or terminate the arbitral proceedings in respect of
such claim or counter-claim, as the case may be.

(3)Upon termination of the arbitral proceedings, the arbitral tribunal shall render an accounting to the
parties of the deposits received and shall return any unexpended balance to the party or parties, as the
case may be.

S.39. Lien on arbitral award and deposits as to costs –

(1)Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration
agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitra-
tion.

(2)If in any case an arbitral tribunal refuses to deliver its award except on payment of the costs de-
manded by it, the Court may, on an application in this behalf, order that the arbitral tribunal shall deliver
the arbitral award to the applicant on payment into Court by the applicant of the costs demanded, and
shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there
shall be paid to the arbitral tribunal by way of costs such sum as the Court may consider reasonable and
that the balance of the money, if any, shall be refunded to the applicant.

(3)An application under sub-section (2) may be made by any party unless the fees demanded have
been fixed by written agreement between him and the arbitral tribunal, and the arbitral tribunal shall be
entitled to appear and be heard on any such application.

(4)The Court may make such orders as it thinks fit respecting the costs of the arbitration where any
question arises respecting such costs and the arbitral award contains no sufficient provision concerning
them.

S.40. Arbitration agreement not to be discharged by death of

party thereto –
(1)An arbitration agreement shall not be discharged by the death of any party thereto either as respects
the deceased or as respects any other party, but shall in such event be enforceable by or against the
legal representative of the deceased.

(2)The mandate of an arbitrator shall not be terminated by the death of any party by whom he was
appointed.

(3)Nothing in this section shall affect the operation of any law by virtue of which any right of action is
extinguished by the death of a person.

S.41. Provisions in case of insolvency –

(1)Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising
thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver
adopts the contract, be enforceable by or against him so far as it relates to any such dispute.

(2)Where a person who has been adjudged an insolvent had, before the commencement of the insol-
vency proceedings, become a party to an arbitration agreement, and any matter to which the agreement
applies is required to be determined in connection with, or for the purposes of the insolvency proceed-
ings, then, if the case is one to which sub-section (1) does not apply, any other party or the receiver
may apply to the judicial authority having jurisdiction in the insolvency proceedings for an order directing
that the matter in question shall be submitted to arbitration in accordance with the arbitration agreement,
and the judicial authority may, if it is of opinion that, having regard to all the circumstances of the case,
the matter ought to be determined by arbitration, make an order accordingly.

(3)In this section, the expression an Official Assignee.

S.42. Jurisdiction –

Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force,
where with respect to an arbitration agreement any application under this Part has been made in a
Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applica-
tions arising out of that agreement and the arbitral proceedings shall be made in that Court and in no
other Court.

S.43. Limitations –

(1)The Limitation Act, 1963 (XXXVI of 1963), shall apply to arbitrations as it applies to proceedings
in Court.

(2)For the purposes of this section and the Limitation Act, 1963 (XXXVI of 1963), an arbitration shall
be deemed to have commenced on the date referred in Section 21.

(3)Where an arbitration agreement to submit future disputes to arbitration provides that any claim to
which the agreement applies shall be barred unless some step to commence arbitral proceedings is
taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the
Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be
caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice
of the case may require, extend the time for such period as it thinks proper.

(4)Where the Court orders that an arbitral award be set aside, the period between the commencement
of the arbitration and the date of the order of the Court shall be excluded in computing the time pre-
scribed by the Limitation Act, 1963 (XXXVI of 1963), for the commencement of the proceedings
(including arbitration) with respect to the dispute so submitted.

PART II
ENFORCEMENT OF CERTAIN FOREIGN AWARDS

CHAPTER I
NEWYORK CONVENTION AWARDS

S.44. Definition –
In this Chapter, unless the context otherwise requires, between persons arising out of legal relation-
ships, whether contractual or not, considered as commercial under the law in force in India, made on or
after the 11th day of October, 1960 –

(a)in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First
Schedule applies, and

(b)in one of such territories as the Central Government, being satisfied that reciprocal provisions have
been made may, by notification in the Official Gazette, declare to be territories to which the said Con-
vention applies.

S.45. Power of judicial authority to refer par-

ties to arbitration –

Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (V of 1908), a
judicial authority, when seized of an action in a matter in respect of which the parties have made an
agreement referred to in Section 44, shall, at the request of one of the parties or any person claiming
through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and
void, inoperative or incapable of being performed.

S.46. When foreign award binding –

Any foreign award which would be enforceable under this Chapter shall be treated as binding for all
purposes on the persons as between whom it was made and may accordingly be relied on by any of
those persons by way of defence, set off or otherwise in any legal proceedings in India and any refer-
ences in this Chapter to enforcing a foreign award shall be construed as including references to relying
on an award.
S.47. Evidence –

(1)The party applying for the enforcement of a foreign award shall, at the time of the application,
produce before the Court –

(a)the original award or a copy thereof, duly authenticated in the manner required by the law of the
country in which it was made;

(b)the original agreement for arbitration or a duly certified copy thereof; and

(c)such evidence as may be necessary to prove that the award is a foreign award.

(2)If the award or agreement to be produced under sub-section (1) is in a foreign language, the party
seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic
or consular agent of the country to which that party belongs or certified as correct in such other manner
as may be sufficient according to the law in force in India.

Explanation: In this section and all the following sections of this Chapter, ginal jurisdiction in a district,
and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction over
the subject-matter of the award if the same had been the subject-matter of a suit, but does not include
any civil court of a grade inferior to such principal Civil Court or any Court of Small Causes.

S.48. Conditions for enforcement of foreign

awards –
(1)Enforcement of a foreign award may be refused, at the request of a party against whom it is invoked,
only if that party furnishes to the Court proof that–

(a)the parties to the agreement referred to in section 44 were, under the law applicable to them, under
some incapacity, or the said agreement is not valid under the law to which the parties have subjected it
or, failing any indication thereon, under the law of the country where the award was made; or

(b)the party against whom the award is invoked was not given proper notice of the appointment of the
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(c)the award deals with a difference not contemplated by or not falling within the terms of the submis-
sion to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:

Provided that, if the decisions on matters submitted to arbitration can be separated from those not so
submitted, that part of the award which contains decisions on matters submitted to arbitration may be
enforced; or

(d)the composition of the arbitral authority or the arbitral procedure was not in accordance with the
agreement of the parties, or, failing such agreement, was not in accordance with the law of the country
where the arbitration took place; or

(e)the award has not yet become binding on the parties, or has been set aside or suspended by a
competent authority of the country in which, or under the law of which, that award was made.

(2)Enforcement of an arbitral award may also be refused if the Court finds that–

(a)the subject-matter of the difference is not capable of settlement by arbitration under the law of India;
or

(b)the enforcement of the award would be contrary to the public policy of India.

Explanation: Without prejudice to the generality of clause (b) of this sub-section, it is hereby declared,
for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making
of the award was induced or affected by fraud or corruption.

(3)If an application for the setting aside or suspension of the award has been made to a competent
authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the
decision on the enforcement of the award and may also, on the application of the party claiming en-
forcement of the award, order the other party to give suitable security.

S.49. Enforcement of foreign awards –

Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be
deemed to be a decree of that Court.

S.50. Appealable orders –

(1)An appeal shall lie from the order refusing to –

(a)refer the parties to arbitration under Section 45;

(b)enforce a foreign award under Section 48;

to the Court authorised by law to hear appeals from such order.

(2)No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.

S.51. Saving –

Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India
of any award or of availing himself in India of any award if this Chapter had not been enacted.
S.52. Chapter II not to apply –

Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies.

CHAPTER II
GENEVA CONVENTION AWARDS

S.53. Interpretation –

In this Chapter on differences relating to matters considered as commercial under the law in force in
India made after the 28th day of July, 1924, –

(a)in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule
applies, and

(b)between persons of whom one is subject to the jurisdiction of some one of such Powers as the
Central Government, being satisfied that reciprocal provisions have been made, may, by notification in
the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of
whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and

(c)in one of such territories as the Central Government, being satisfied that reciprocal provisions have
been made, may, by like notification, declare to be territories to which the said Convention applies,

and for the purposes of this Chapter an award shall not be deemed to be final if any proceedings for the
purpose of contesting the validity of the award are pending in the country in which it was made.

S.54. Power of judicial authority to refer par-

ties to arbitration –
Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (V of 1908), a
judicial authority, on being seized of a dispute regarding a contract made between persons to whom
Section 53 applies and including an arbitration agreement, whether referring to present or future differ-
ences, which is valid under that section and capable of being carried into effect, shall refer the parties on
the application of either of them or any person claiming through or under him to the decision of the
arbitrators and such reference shall not prejudice the competence of the judicial authority in case the
agreement or the arbitration cannot proceed or becomes inoperative.

S.55. Foreign awards when binding –

Any foreign award which would be enforceable under this Chapter shall be treated as binding for all
purposes on the persons as between whom it was made, and may accordingly be relied on by any of
those persons by way of defence, set off or otherwise in any legal proceedings in India and any refer-
ences in this Chapter to enforcing a foreign award shall be construed as including references to relying
on an award.
S.56. Evidence –

(1)The party applying for the enforcement of a foreign award shall, at the time of application produce
before the Court –the original award or a copy thereof duly authenticated in the manner required by the
law of the country in which it was made;

(a)evidence proving that the award has become final; and

(b)such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of
sub-section (1) of Section 57 are satisfied.

(2)Where any document requiring to be produced under sub-section (1) is in a foreign language, the
party seeking to enforce the award shall produce a translation into English certified as correct by a
diplomatic or consular agent of the country to which that party belongs or certified as correct in such
other manner as may be sufficient according to the law in force in India.

Explanation – In this section and all the following sections of this Chapter, ginal jurisdiction in a district,
and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction over
the subject-matter of the award if the same had been the subject-matter of a suit, but does not include
any civil court of a grade inferior to such principal Civil Court or any Court of Small Causes.

S.57. Conditions for enforcement of foreign

awards –

(1)In order that a foreign award may be enforceable under this Chapter, it shall be necessary that –

(a)the award has been made in pursuance of a submission to arbitration which is valid under the law
applicable thereto;

(b)the subject-matter of the award is capable of settlement by arbitration under the law of India;

(c)the award has been made by the arbitral tribunal provided for in the submission to arbitration or
constituted in the manner agreed upon by the parties and in conformity with the law governing the
arbitration procedure;

(d)the award has become final in the country in which it has been made, in the sense that it will not be
considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the
purpose of contesting the validity of the award are pending;

(e)the enforcement of the award is not contrary to the public policy or the law of India.

Explanation: Without prejudice to the generality of clause (e), it is hereby declared, for the avoidance
of any doubt, that an award is in conflict with the public policy of India if the making of the award was
induced or affected by fraud or corruption.

(2)Even if the conditions laid down in sub-section (1) are fulfilled, enforcement of the award shall be
refused if the Court is satisfied that –
(a)the award has been annulled in the country in which it was made;

(b)the party against whom it is sought to use the award was not given notice of the arbitration proceed-
ings in sufficient time to enable him to present his case; or that, being under a legal incapacity he was not
properly represented;

(c)the award does not deal with the differences contemplated by or falling within the terms of the
submission to arbitration or that it contains decisions on matters beyond the scope of the submission to
arbitration:

Provided that if the award has not covered all the differences submitted to the arbitral tribunal, the Court
may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as the court may
decide.

(3)If the party against whom the award has been made proves that under the law governing the arbitra-
tion procedure there is a ground, other than the grounds referred to in clauses (a) and (c) of sub-section
(1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of the award, the Court
may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving
such party a reasonable time within which to have the award annulled by the competent tribunal.

S.58. Enforcement of foreign awards –

Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be
deemed to be a decree of the Court.

S.59. Appealable orders –

(1)An appeal shall lie from the order refusing –

(a)to refer the parties to arbitration under Section 54; and

(b)to enforce a foreign award under Section 57,

to the court authorised by law to hear appeals from such order.

(2)No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.

S.60. Saving –

Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India
of any award or of availing himself in India of any award if this Chapter had not been enacted.

PART III
 CONCILIATION

S.61. Application and scope –

(1)Save as otherwise provided by any law for the time being in force and unless the parties have other-
wise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether
contractual or not and to all proceedings relating thereto.

(2)This Part shall not apply where by virtue of any law for the time being in force certain disputes may
not be submitted to conciliation.

S.62. Commencement of conciliation proceedings –

(1)The party initiating conciliation shall send to the other party a written invitation to conciliate under this
Part, briefly identifying the subject of the dispute.

(2)Conciliation proceedings shall commence when the other party accepts in writing the invitation to
conciliate.

(3)If the other party rejects the invitation, there will be no conciliation proceedings.

(4)If the party initiating conciliation does not receive a reply within thirty days from the date on which he
sends the invitation, or within such other period of time as specified in the invitation, he may elect to
treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the
other party accordingly.

S.63. Number of conciliators –

(1)There shall be one conciliator unless the parties agree that there shall be two or three conciliators.

(2)Where there is more than one conciliator, they ought, as a general rule, to act jointly.

S.64. Appointment of conciliators –

(1)Subject to sub-section (2), –

(a)in conciliation proceedings with one conciliator, the parties may agree on the name of the sole concili-
ator;

(b)in conciliation proceedings with two conciliators, each party may appoint one conciliator;

(c)in conciliation proceedings with three conciliators, each party may appoint one conciliator and the
parties may agree on the name of the third conciliator who shall act as the presiding conciliator.
(2)Parties may enlist the assistance of a suitable institution or person in connection with the appointment
of conciliators, and in particular, –

(a)a party may request such an institution or person to recommend the names of suitable individuals to
act as conciliator; or

(b)the parties may agree that the appointment of one or more conciliators be made directly by such
institution or person:

Provided that in recommending or appointing individuals to act as conciliator, the institution or person
shall have regard to such considerations as are likely to secure the appointment of an independent and
impartial conciliator, and with respect to a sole or third conciliator, shall take into account the advisabil-
ity of appointing a conciliator of a nationality other than the nationalities of the parties.

S.65. Submission of statements to conciliator –

(1)The conciliator, upon his appointment, may request each party to submit to him a brief written
statement describing the general nature of the dispute and the points at issue. Each party shall send a
copy of such statement to the other party.

(2)The conciliator may request each party to submit to him a further written statement of his position
and the facts and grounds in support thereof, supplemented by any documents and other evidence that
such party deems appropriate. The party shall send a copy of such statement, documents and other
evidence to the other party.

(3)At any stage of the conciliation proceedings, the conciliator may request a party to submit to him
such additional information as he deems appropriate.

Explanation – In this section and all the following sections of this Part, the term sole conciliator, two or
three conciliators, as the case may be.

S.66. Conciliator not bound by certain enactments –

The conciliator is not bound by the Code of Civil Procedure, 1908 (V of 1908), or the Indian Evidence
Act, 1872 (I of 1872).

S.67. Role of conciliator –

(1)The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach
an amicable settlement of their dispute.

(2)The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration
to, among other things, the rights and obligations of the parties, the usages of the trade concerned and
the circumstances surrounding the dispute, including any previous business practices between the
parties.

(3)The conciliator may conduct the conciliation proceedings in such a manner as he considers appropri-
ate, taking into account the circumstances of the case, the wishes the parties may express, including any
request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the
dispute.

(4)The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of
the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the
reasons therefor.

S.68. Administrative assistance –

In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the
consent of parties, may arrange for administrative assistance by a suitable institution or person.

S.69. Communication between conciliator and parties –

(1)The conciliator may invite the parties to meet him or may communicate with them orally or in writing.
He may meet or communicate with the parties together or with each of them separately.

(2)Unless the parties have agreed upon the place where the meetings with the conciliator are to be held,
such place shall be determined by the conciliator, after consultation with the parties, having regard to the
circumstances of the conciliation proceedings.

S.70. Disclosure of information –

When the conciliator receives factual information concerning the dispute from a party, he shall disclose
the substance of that information to the other party in order that the other party may have the opportu-
nity to present any explanation which he considers appropriate:

Provided that when a party gives any information to the conciliator, subject to a specific condition that it
be kept confidential, the conciliator shall not disclose that information to the other party.

S.71. Co-operation of parties with conciliator –

The parties shall in good faith co-operate with the conciliator and, in particular, shall endeavour to
comply with requests by the conciliator to submit written materials, provide evidence and attend meet-
ings.

S.72. Suggestions by parties for settlement of dispute –

Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator
suggestions for settlement of the dispute.

S.73. Settlement agreement –

(1)When it appears to the conciliator that there exist elements of a settlement which may be acceptable
to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for
their observations. After receiving the observations of the parties, the conciliator may reformulate the
terms of a possible settlement in the light of such observations.

(2)If the parties reach agreement on the settlement of the dispute, they may draw up and sign a written
settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in
drawing up, the settlement agreement.

(3)When the parties sign the settlement agreement, it shall be final and binding on the parties and per-
sons claiming under them respectively.

(4)The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the
parties.

S.74. Status and effect of settlement agreement –

The settlement agreement shall have the same status and effect as if it is an arbitral award on agreed
terms on the substance of the dispute rendered by an arbitral tribunal under Section 30.

S.75. Confidentiality –

Notwithstanding anything contained in any other law for the time being in force, the conciliator and the
parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall
extend also to the settlement agreement, except where its disclosure is necessary for purposes of
implementation and enforcement.

S.76. Termination of conciliation proceedings –

The conciliation proceedings shall be terminated –

(a)by the signing of the settlement agreement by the parties, on the date of the agreement; or

(b)by a written declaration of the conciliator, after consultation with the parties, to the effect that further
efforts at conciliation are no longer justified, on the date of the declaration; or

(c)by a written declaration of the parties addressed to the conciliator to the effect that the conciliation
proceedings are terminated, on the date of the declaration; or
(d)by a written declaration of a party to the other party and the conciliator, if appointed, to the effect
that the conciliation proceedings are terminated, on the date of the declaration.

S.77. Resort to arbitral or judicial proceedings –

The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in
respect of a dispute that is the subject-matter of the conciliation proceedings except that a party may
initiate arbitral or judicial proceedings, where, in his opinion, such proceedings are necessary for pre-
serving his rights.

S.78. Costs –

(1)Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation
and give written notice thereof to the parties.

(2)For the purpose of sub-section (1), asonable costs relating to–

(a)the fee and expenses of the conciliator and witnesses requested by the conciliator with the consent of
the parties;

(b)any expert advice requested by the conciliator with the consent of the parties;

(c)any assistance provided pursuant to clause (b) of sub-section (2) of Section 64 and Section 68;

(d)any other expenses incurred in connection with the conciliation proceedings and the settlement
agreement.

(3)The costs shall be borne equally by the parties unless the settlement agreement provides for a differ-
ent apportionment. All other expenses incurred by a party shall be borne by that party.

S.79. Deposits –

(1)The conciliator may direct each party to deposit an equal amount as an advance for the costs re-
ferred to in sub-section (2) of Section 78, which he expects will be incurred.

(2)During the course of the conciliation proceedings, the conciliator may direct supplementary deposits
in an equal amount from each party.

(3)If the required deposits under sub-sections (1) and (2) are not paid in full by both the parties within
thirty days, the conciliator may suspend the proceedings or make a written declaration of termination of
the proceedings to the parties, effective on the date of that declaration.

(4)Upon termination of the conciliation proceedings, the conciliator shall render an accounting to the
parties of the deposits received and shall return any unexpended balance to the parties.

S.80. Role of conciliator in other proceedings –

Unless otherwise agreed by the parties, –

(a)the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral
or judicial proceeding in respect of a dispute that is the subject of the conciliation proceedings;

(b)the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceed-
ings.

S.81. Admissibility of evidence in other proceedings –

The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not
such proceedings relate to the dispute that is the subject of the conciliation proceedings, –

(a)views expressed or suggestions made by the other party in respect of a possible settlement of the
dispute;

(b)admissions made by the other party in the course of the conciliation proceedings;

(c)proposals made by the conciliator;

(d)the fact that the other party had indicated his willingness to accept a proposal for settlement made by
the conciliator.

PART IV
SUPPLEMENTARY PROVISIONS

S.82. Power of High Court to make rules –

The High Court may make rules consistent with this Act as to all proceedings before the Court under
this Act.

S.83. Removal of difficulties –

(1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by
order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this
Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after expiry of a period of two years from the date of com-
mencement of this Act.
(2)Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.

S.84. Power to make rules –

(1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the
provisions of this Act.

(2)Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is
made before each House of Parliament while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.

S.85. Repeal and saving –

(1)The Arbitration (Protocol and Convention) Act, 1937 (VI of 1937), the Arbitration Act, 1940 (X of
1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (XLV of 1961) are hereby
repealed.

(2)Notwithstanding such repeal, –

(a)the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced
before this Act came into force unless otherwise agreed by the parties but this Act shall apply in relation
to arbitral proceedings which commenced on or after this Act comes into force;

(b)all rules made and notifications published, under the said enactments shall, to the extent to which are
not repugnant to this Act, be deemed respectively to have been made or issued under this Act.

S.86. Repeal and Saving –

(1)The Arbitration and Conciliation (Third) Ordinance, 1996 (XXIX of 1996) is hereby repealed.

(2)Notwithstanding such repeal, any order, rule, notification or scheme made or anything done or any
action taken in pursuance of any provision of the said Ordinance shall be deemed to have been made,
done or taken under the corresponding provisions of this Act.
THE FIRST SCHEDULE
(See Section 44)

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBI-

TRAL AWARDS
 Article I

1.This Convention shall apply to the recognition and enforcement of arbitral awards made in the terri-
tory of a State other than the State where the recognition and enforcement of such awards are sought,
and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral
awards not considered as domestic awards in the State where their recognition and enforcement are
sought.

2.The term rds made by arbitrators appointed for each case but also those made by permanent arbitral
bodies to which the parties have submitted.

3.When signing, ratifying or acceding to this Convention, or notifying extension under Article X hereof,
any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and
enforcement of awards made only in the territory of another Contracting State. It may also declare that
it will apply the Convention only to differences arising out of legal relationships, whether contractual or
not, which are considered as commercial under the national law of the State making such declaration.

Article II

1.Each Contracting State shall recognise an agreement in writing under which the parties undertake to
submit to arbitration all or any differences which have arisen or which may arise between them in
respect of defined legal relationship, whether contractual or not, concerning a subject-matter capable of
settlement by arbitration.

2.The term tral clause in a contract or an arbitration agreement, signed by the parties or contained in an
exchange of letters or telegrams.

3.The court of a Contracting State, when seized of an action in a matter in respect of which the parties
have made an agreement within the meaning of this article, shall, at the request of one of the parties,
refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or
incapable of being performed.

Article III

Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with
the rules of procedure of the territory where the award is relied upon, under the conditions laid down in
the following articles. There shall not be imposed substantially more onerous conditions or higher fees or
charges on the recognition or enforcement of arbitral awards to which this Convention applies than are
imposed on the recognition or enforcement of domestic arbitral awards.

Article IV

1.To obtain the recognition and enforcement mentioned in the preceding article, the party applying for
recognition and enforcement shall, at the time of application, supply:–

(a)the duly authenticated original award or a duly certified copy thereof;

(b)the original agreement referred to in Article II or a duly certified copy thereof.
2.If the said award or agreement is not made in an official language of the country in which the award is
relied upon, the party applying for recognition and enforcement of the award shall produce a translation
of these documents into such language. The translation shall be certified by an official or sworn transla-
tor or by a diplomatic or consular agent.

Article V

1.Recognition and enforcement of the award may be refused, at the request of the party against whom it
is invoked, only if that party furnishes to the competent authority where the recognition and enforcement
is sought, proof that –

(a)the parties to the agreement referred to in Article II were, under the law applicable to them, under
some incapacity, or the said agreement is not valid under the law to which the parties have subjected it
or, failing any indication thereon, under the law of the country where the award was made; or

(b)the party against whom the award is invoked was not given proper notice of the appointment of the
arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or

(c)the award deals with a difference not contemplated by or not falling within the terms of the submis-
sion to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration,
provided that, if the decisions on matters submitted to arbitration can be separated from those not so
submitted, that part of the award which contains decisions on matters submitted to arbitration may be
recognised and enforced; or

(d)the composition of the arbitral authority or the arbitral procedure was not in accordance with the
agreement of the parties, or, failing such agreement, was not in accordance with the law of the country
where the arbitration took place; or

(e)the award has not yet become binding on the parties, or has been set aside or suspended by a
competent authority of the country in which, or under the law of which, that award was made.

2.Recognition and enforcement of an arbitral award may also be refused if the competent authority in
the country where recognition and enforcement is sought finds that –

(a)the subject-matter of the difference is not capable of settlement by arbitration under the law of that
country; or

(b)the recognition or enforcement of the award would be contrary to the public policy of that country.

Article VI

If an application for setting aside or suspension of the award has been made to a competent authority
referred to in Article V (1)(e), the authority before which the award is sought to be relied upon may, if it
considers it proper, adjourn the decision on the enforcement of the award and may also, on the applica-
tion of the party claiming enforcement of the award, order the other party to give suitable security.

Article VII

1.The provisions of the present Convention shall not affect the validity of multilateral or bilateral agree-
ments concerning the recognition and enforcement of arbitral awards entered into by the Contracting
States nor deprive any interested party of any right he may have to avail himself of an arbitral award in
the manner and to the extent allowed by the law or the treaties of the country where such award is
sought to be relied upon.

2.The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of
Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becom-
ing bound and to the extent that they become bound by this Convention.

Article VIII

1.This Convention shall be open until 31st December, 1958 for signature on behalf of any Member of
the United Nations and also on behalf of any other State which is or hereafter becomes member of any
specialised agency of the United Nations, or which is or hereafter becomes a party to the Statute of the
International Court of Justice, or any other State to which an invitation has been addressed by the
General Assembly of the United Nations.

2.This Convention shall be ratified and the instrument of ratification shall be deposited with the Secre-
tary General of the United Nations.

Article IX

1.This Convention shall be open for accession to all States referred to in Article VIII.

2.Accession shall be effected by the deposit of an instrument of accession with the Secretary General of
the United Nations.

Article X

1.Any State may, at the time of signature, ratification or accession, declare that this Convention shall
extend to all or any of the territories for the international relations of which it is responsible. Such a
declaration shall take effect when the Convention enters into force for the State concerned.

2.At any time thereafter any such extension shall be made by notification addressed to the Secretary
General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by
the Secretary General of the United Nations of this notification, or as from the date of entry into force of
the Convention for the State concerned, whichever is the later.

3.With respect to those territories to which this Convention is not extended at the time of signature,
ratification or accession, each State concerned shall consider the possibility of taking the necessary
steps in order to extend the application of this Convention to such territories, subject, where necessary
for constitutional reasons, to the consent of the Governments of such territories.

Article XI

In the case of a federal or non-unitary State, the following provisions shall apply:

(a)with respect of those articles of this Convention that come within the legislative jurisdiction of the
federal authority, the obligations of the federal Government shall to this extent be the same as those of
Contracting States which are not federal States;
(b)with respect to those articles of this Convention that come within the legislative jurisdiction of the
constituent States or provinces which are not, under the constitutional system of the federation, bound
to take legislative action, the federal Government shall bring such articles with a favourable recommen-
dation to the notice of the appropriate authorities of constituent States or provinces at the earliest
possible moment;

(c)a federal State Party to this Convention shall, at the request of any other Contracting State transmit-
ted through the Secretary General of the United Nations, supply a statement of the law and practice of
the federation and its constituent units in regard to any particular provision of this Convention, showing
the extent to which effect has been given to that provision by legislative or other action.

Article XII

1.This Convention shall come into force on the ninetieth day following the date of deposit of the third
instrument of ratification or accession.

2.For each State ratifying or acceding to this Convention after the deposit of the third instrument of
ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such
State of its instrument of ratification or accession.

Article XIII

1.Any Contracting State may denounce this Convention by a written notification to the Secretary
General of the United Nations. Denunciation shall take effect one year after the date of receipt of the
notification by the Secretary General.

2.Any State which has made a declaration or notification under Article X may, at any time thereafter, by
notification to the Secretary General of the United Nations, declare that this Convention shall cease to
extend to the territory concerned one year after the date of receipt of the notification by the Secretary
General.

3.This Convention shall continue to be applicable to arbitral awards in respect of which recognition or
enforcement proceedings have been instituted before the denunciation takes effect.

Article XIV

A Contracting State shall not be entitled to avail itself of the present Convention against other Contract-
ing States except to the extent that it is itself bound to apply the Convention.

Article XV

The Secretary General of the United Nations shall notify the States contemplated in Article VIII of the
following: –

(a)signatures and ratifications in accordance with Article VIII;

(b)accessions in accordance with Article IX;
(c)declarations and notifications under Articles I, X and XI;
(d)the date upon which this Convention enters into force in accordance with Article XII;
(e)denunciations and notifications in accordance with Article XIII.
 Article XVI

1.This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally
authentic, shall be deposited in the archives of the United Nations.

2.The Secretary General of the United Nations shall transmit a certified copy of this Convention to the
States contemplated in Article XIII.

*****

THE SECOND SCHEDULE

(See Section 53)

PROTOCOL ON ARBITRATION CLAUSES

The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they
represent, the following provisions:–

1.Each of the Contracting States recognises the validity of an agreement whether relating to existing or
future differences between parties subject respectively to the jurisdiction of different Contracting States
by which the parties to a contract agree to submit to arbitration all or any differences that may arise in
connection with such contract relating to commercial matters or to any other matter capable of settle-
ment by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction
none of the parties is subject.

Each Contracting State reserves the right to limit the obligation mentioned above to contracts, which are
considered as commercial under its national law. Any Contracting State which avails itself of this right
will notify the Secretary General of the League of Nations in order that the other Contracting States may
be so informed.

2.The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the will
of the parties and by the law of the country in whose territory the arbitration takes place.

The Contracting States agree to facilitate all steps in the procedure, which require to be taken in their
own territories, in accordance with the provisions of their law governing arbitral procedure applicable to
existing differences.

3.Each Contracting State undertakes to ensure the execution by its authorities and in accordance with
the provisions of its national laws of arbitral awards made in its own territory under the preceding
articles.

4.The Tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made
between persons to whom Article I applies and including an Arbitration Agreement whether referring to
present or future differences which is valid in virtue of the said article and capable of being carried into
effect, shall refer the parties on the application of either of them to the decision of the Arbitrators.

Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the
arbitration cannot proceed or becomes inoperative.

5.The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifi-
cation shall be deposited as soon as possible with the Secretary General of the League of Nations, who
shall notify such deposit to all the Signatory States.

6.The present Protocol will come into force as soon as two ratifications have been deposited. Thereaf-
ter it will take effect, in the case of each Contracting State, one month after the notification by the
Secretary General of the deposit of its ratification.

7.The present Protocol may be denounced by any Contracting State on giving one year’s notice.
Denunciation shall be effected by a notification addressed to the Secretary General of the League, who
will immediately transmit copies of such notification to all the other Signatory States and inform them of
the date on which it was received. The denunciation shall take effect one year after the date on which it
was notified to the Secretary General, and shall operate only in respect of the notifying State.

8.The Contracting States may declare that their acceptance of the present Protocol does not include
any or all of the under mentioned territories, that is to say, their colonies, overseas possessions or
territories, protectorates or the territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory thus excluded. The
Secretary General of the League of Nations shall be informed as soon as possible of such adhesions.
He shall notify such adhesions to all Signatory States. They will take effect one month after the notifica-
tion by the Secretary General to all Signatory States.

The Contracting States may also denounce the Protocol separately on behalf of any of the territories
referred to above. Article 7 applies to such denunciation.

*****

THE THIRD SCHEDULE

(See Section 53)

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

Article 1.

(1)In the territories of any High Contracting Party to which the present Convention applies, an arbitral
award made in pursuance of an agreement whether relating to existing or future differences (hereinafter
called ubmission to arbitrationrbitration Clauses opened at Geneva on September 24th, 1923, shall be
recognised as binding and shall be enforced in accordance with the rules of the procedure of the terri-
tory where the award is relied upon, provided that the said award has been made in a territory of one of
the High Contracting Parties to which the present Convention applies and between persons who are
subject to the jurisdiction of one of the High Contracting Parties.

(2)To obtain such recognition or enforcement, it shall, further, be necessary:–

(a)that the award has been made in pursuance of a submission to arbitration which is valid under the law
applicable thereto;

(b)that the subject-matter of the award is capable of settlement by arbitration under the law of the
country in which the award is sought to be relied upon;

(c)that the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or
constituted in the manner agreed upon by the parties and in conformity with the law governing the
arbitration procedure;

(d)that the award has become final in the country in which it has been made, in the sense that it will not
be considered as such if it is open to opposition, appeal or pourvoi en cassation (in the countries
where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contest-
ing the validity of the award are pending;

(e)that the recognition or enforcement of the award is not contrary to the public policy or to the prin-
ciples of the law of the country in which it is sought to be relied upon.

Article 2.

Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the
award shall be refused if the Court is satisfied: –

(a)that the award has been annulled in the country in which it was made;

(b)that the party against whom it is sought to use the award was not given notice of the arbitration
proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he
was not properly represented;

(c)that the award does not deal with the differences contemplated by or falling within the terms of the
submission to arbitration or that it contains decisions on matters beyond the scope of the submission to
arbitration.

If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority
of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone
such recognition or enforcement or grant it subject to such guarantee as that authority may decide.

Article 3.

If the party against whom the award has been made proves that, under the law governing the arbitration
procedure, there is a ground, other than the ground referred to in Article 1(a) and (c), and Article 2(b)
and (c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit,
either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such
party a reasonable time within which to have the award annulled by the competent tribunal.
Article 4.

The party relying upon an award or claiming its enforcement must supply, in particular: –

(1)the original award or a copy thereof duly authenticated, according to the requirements of the law of
the country in which it was made;

(2)documentary or other evidence to prove that the award has become final, in the sense defined in
Article 1(d), in the country in which it was made;

(3)when necessary, documentary or other evidence to prove that the conditions laid down in Article 1,
paragraph (1) and paragraph (2) (a) and (c), have been fulfilled.

A translation of the award and of the other documents mentioned in this Article into the official language
of the country where the award is sought to be relied upon may be demanded. Such translations must
be certified correct by a diplomatic or consular agent of the country to which the party who seeks to
rely upon the award belongs or by a sworn translator of the country where the award is sought to be
relied upon.

Article 5.

The provisions of the above Articles shall not deprive any interested party of the right of availing himself
of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country
where such award is sought to be relied upon.

Article 6.

The present Convention applies only to arbitral awards made after the coming into force of the Protocol
on Arbitration Clauses opened at Geneva on September 24th, 1923.

Article 7.

The present Convention, which will remain open to the signature of all the signatories of the Protocol of
1923 on Arbitration Clauses, shall be ratified.

It may be ratified only on behalf of those Members of the League of Nations and Non-member States
on whose behalf the Protocol of 1923 shall have been ratified.

Ratification shall be deposited as soon as possible with the Secretary General of the League of Nations,
who will notify such deposit to all the signatories.

Article 8.

The present Convention shall come into force three months after it shall have been ratified on behalf of
two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party,
three months after the deposit of the ratification on its behalf with the Secretary General of the League
of Nations.

Article 9.
The present Convention may be denounced on behalf of any Member of the League or Non-member
State. Denunciation shall be notified in writing to the Secretary General of the League of Nations, who
will immediately send a copy thereof, certified to be in conformity with the notifications, to all the other
Contracting Parties, at the same time informing them of the date on which he received it.

The denunciation shall come into force only in respect of the High Contracting Party which shall have
notified it and one year after such notification shall have reached the Secretary General of the League of
Nations.

The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the
present Convention.

Article 10.

The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or
mandate of any High Contracting Party unless they are specially mentioned.

The application of this Convention to one or more of such Colonies, Protectorates or territories to
which the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923, applies, can be
effected at any time by means of a declaration addressed to the Secretary General of the League of
Nations by one of the High Contracting Parties.

Such declaration shall take effect three months after the deposit thereof.

The High Contracting Parties can at any time denounce the Convention for all or any of the Colonies,
Protectorates or territories referred to above. Article 9 hereof applied to such denunciation.

Article 11.

A certified copy of the present Convention shall be transmitted by the Secretary General of the League
of Nations to every Member of the League of Nations and to every Non-member State which signs the
same.

******