What is Section 23 of the Arbitration Act?
Asked by: Kiarra Koepp | Last update: September 5, 2023Score: 4.6/5 (39 votes)
What is Section 23 of the arbitration?
23. Order of reference. (1) The Court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall in the order specify such time as it thinks reasonable for the making of the award.
What is Section 22 of arbitration?
(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.
What is Section 72 of arbitration?
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 the settlement of the dispute.
What is Section 32 of arbitration?
(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Conduct of arbitral procedures | Section 23-25 | Arbitration | ADR
What is Section 73 of arbitration?
73 Loss of right to object.
does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.
What is Section 35 of arbitration?
Finality of arbitral awards. According to Section 35 of Arbitration and Conciliation Act, 1996 : Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.
What is Section 33 of arbitration?
In its main paragraph, that section provides that any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the court and the court shall decide the question on ...
What is Section 62 of the arbitration?
Section 62 provides for the commencement of proceedings for conciliation. For the purpose of settling the dispute through the process of conciliation all what is required is a proposal in writing and its acceptance thereof.
What is Section 31 of arbitration?
(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
What is Section 40 of the Arbitration Act?
(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.
What is Section 17 of arbitration?
This Arbitration Tribunal has been conferred powers under Section 17 of the Act to pass interim orders during the arbitral proceedings. Appointment of guardian for a party suffering from any legal disability. The subject matter is to be when preserved, kept in interim custody, or had to be sold.
What is Section 38 of arbitration?
Scope of Section 38 of Arbitration and Conciliation Act
Section 38 of A&C Act deals with deposits to be made by the parties in relation to the arbitral proceedings. The arbitral tribunal in its wisdom is empowered to fix the amount of deposit or supplementary deposits as an advance for the costs of arbitration.
What is Section 37 of arbitration?
an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the ...
What is Section 43 of arbitration?
43. Power of Court to issue processes for appearance before arbitrator. (1) The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.
What is Section 44 of arbitration?
Section 44 of the Arbitration & Conciliation Act 1996 defines a "foreign award" as an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India. c) justice or morality.
What is Section 36 of arbitration?
Section 36 of the Arbitration and Conciliation Act lays that Enforcement of an arbitral award in a Domestic Arbitration is to be carried out in the same manner as done in a decree passed by the court.
What is Section 74 of arbitration?
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.
What is Section 66 of the arbitration Act?
S66 of the Act
An award creditor can apply to the English court under s66 to enforce an award in the same way as an English court judgment and may also seek judgment in terms of the award.
What is under section 34 of arbitration act?
Section 34 Arbitration Act: Limitation
The application for challenge against the arbitration award should be submitted within 3 months of receiving the same. However, additional 30 days may be granted in case of some procedural delay through authorities. In case of The State of Maharashtra & Ors. v.
What is Section 28 of arbitration?
28. Power to Court only to enlarge time for making award. (1) The Court may, if it thinks fit, whether the time for making the award has expired or not and whether the award has been made or not enlarge from time to time the time for making the award.
What is Section 30 of Arbitration Act?
(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.
What is Section 9 of arbitration?
Section 9 of the Act stipulates the powers of the court to grant interim relief before or during the arbitral proceedings or after the passing of the arbitral award and also lays down a restriction under clause (3) after the constitution of the Arbitral Tribunal unless such circumstances exist which may render a remedy ...
What is Section 9 and 17 arbitration?
Section 9 of the Arbitration and Conciliation Act empowers Civil Court to grant interim reliefs. Whereas Section 17 of the Arbitration and Conciliation Act empowers Arbitral Tribunal to grant interim reliefs.
What is Section 61 of the arbitration Act?
(1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto.