Arbitration and Conciliation Act, 1996

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

Sector All SectorsPurpose Courts & Dispute ResolutionAct No. 26 of 1996Enacted 16 Aug 1996Ministry Law and JusticeUpdated till 1st June, 2026

TaxByKK · Laws by Sector · taxbykk.comIndex as on 1st June, 2026

Preliminary1 section

  1. 1Short title, extent and commencement

Part I – Arbitration

Chapter I 5 sections

  1. General provisions
  2. 2Definitions
  3. 3Receipt of written communications
  4. 4Waiver of right to object
  5. 5Extent of judicial intervention
  6. 6Administrative assistance

Chapter II 3 sections

  1. Arbitration agreement
  2. 7Arbitration agreement
  3. 8Power to refer parties to arbitration where there is an arbitration agreement
  4. 9Interim measures, etc., by Court

Chapter III 7 sections

  1. Composition of arbitral tribunal
  2. 10Number of arbitrators
  3. 11Appointment of arbitrators
  4. 11APower of Central Government to amend Fourth Schedule
  5. 12Grounds for challenge
  6. 13Challenge procedure
  7. 14Failure or impossibility to act
  8. 15Termination of mandate and substitution of arbitrator

Chapter IV 2 sections

  1. Jurisdiction of arbitral tribunals
  2. 16Competence of arbitral tribunal to rule on its jurisdiction
  3. 17Interim measures ordered by arbitral tribunal

Chapter V 10 sections

  1. Conduct of arbitral proceedings
  2. 18Equal treatment of parties
  3. 19Determination of rules of procedure
  4. 20Place of arbitration
  5. 21Commencement of arbitral proceedings
  6. 22Language
  7. 23Statements of claim and defence
  8. 24Hearings and written proceedings
  9. 25Default of a party
  10. 26Expert appointed by arbitral tribunal
  11. 27Court assistance in taking evidence

Chapter VI 9 sections

  1. Making of arbitral award and termination of proceedings
  2. 28Rules applicable to substance of dispute
  3. 29Decision making by panel of arbitrators
  4. 29ATime limit for arbitral award
  5. 29BFast track procedure
  6. 30Settlement
  7. 31Form and contents of arbitral award
  8. 31ARegime for costs
  9. 32Termination of proceedings
  10. 33Correction and interpretation of award; additional award

Chapter VII 1 section

  1. Recourse against arbitral award
  2. 34Application for setting aside arbitral awards

Chapter VIII 2 sections

  1. Finality and enforcement of arbitral awards
  2. 35Finality of arbitral awards
  3. 36Enforcement

Chapter IX 1 section

  1. Appeals
  2. 37Appealable orders

Chapter X 8 sections

  1. Miscellaneous
  2. 38Deposits
  3. 39Lien on arbitral award and deposits as to costs
  4. 40Arbitration agreement not to be discharged by death of party thereto
  5. 41Provisions in case of insolvency
  6. 42Jurisdiction
  7. 42AConfidentiality of information
  8. 42BProtection of action taken in good faith
  9. 43Limitations

Part IA – Arbitration Council of India

Part IA Arbitration Council of India13 sections

  1. 43ADefinitions
  2. 43BEstablishment and incorporation of Arbitration Council of India
  3. 43CComposition of Council
  4. 43DDuties and functions of Council
  5. 43EVacancies, etc., not to invalidate proceedings of Council
  6. 43FResignation of Members
  7. 43GRemoval of Member
  8. 43HAppointment of experts and constitution of Committees thereof
  9. 43-IGeneral norms for grading of arbitral institutions
  10. 43JNorms for accreditation of arbitrators
  11. 43KDepository of awards
  12. 43LPower to make regulations by Council
  13. 43MChief Executive Officer

Part II – Enforcement of Certain Foreign Awards

Chapter I 9 sections

  1. New York Convention Awards
  2. 44Definition
  3. 45Power of judicial authority to refer parties to arbitration
  4. 46When foreign award binding
  5. 47Evidence
  6. 48Conditions for enforcement of foreign awards
  7. 49Enforcement of foreign awards
  8. 50Appealable orders
  9. 51Saving
  10. 52Chapter II not to apply

Chapter II 8 sections

  1. Geneva Convention Awards
  2. 53Interpretation
  3. 54Power of judicial authority to refer parties to arbitration
  4. 55Foreign awards when binding
  5. 56Evidence
  6. 57Conditions for enforcement of foreign awards
  7. 58Enforcement of foreign awards
  8. 59Appealable orders
  9. 60Savings

Part III – Conciliation

Part III Conciliation21 sections

  1. 61Application and scope
  2. 62Commencement of conciliation proceedings
  3. 63Number of conciliators
  4. 64Appointment of conciliators
  5. 65Submission of statements to conciliator
  6. 66Conciliator not bound by certain enactments
  7. 67Role of conciliator
  8. 68Administrative assistance
  9. 69Communication between conciliator and parties
  10. 70Disclosure of information
  11. 71Co-operation of parties with conciliator
  12. 72Suggestions by parties for settlement of dispute
  13. 73Settlement agreement
  14. 74Status and effect of settlement agreement
  15. 75Confidentiality
  16. 76Termination of conciliation proceedings
  17. 77Resort to arbitral or judicial proceedings
  18. 78Costs
  19. 79Deposits
  20. 80Role of conciliator in other proceedings
  21. 81Admissibility of evidence in other proceedings

Part IV – Supplementary Provisions

Part IV Supplementary Provisions6 sections

  1. 82Power of High Court to make rules
  2. 83Removal of difficulties
  3. 84Power to make rules
  4. 85Repeal and savings
  5. 86Repeal and saving
  6. 87Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015

Schedules

  • The First Schedule
  • The Second Schedule
  • The Third Schedule
  • The Fourth Schedule
  • The Fifth Schedule
  • The Sixth Schedule
  • The Seventh Schedule
  • The Eighth Schedule

About this Act

The Arbitration and Conciliation Act, 1996 is India's consolidated law on domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and conciliation. It is modelled on the UNCITRAL Model Law and limits court intervention to the cases the Act provides for.

Part I covers arbitration seated in India: the arbitration agreement, appointment and challenge of arbitrators, interim measures, conduct of proceedings, time limits, the award and the grounds for setting it aside. Part IA provides for the Arbitration Council of India, meant to grade arbitral institutions and set norms for accrediting arbitrators.

Part II deals with enforcement of New York Convention and Geneva Convention awards, Part III with conciliation, and Part IV with rules, repeal and savings.

Who it applies to

  • Parties to commercial contracts that contain an arbitration clause
  • Arbitrators, arbitral institutions and conciliators
  • Courts and High Courts hearing applications for interim relief, appointment, setting aside and enforcement
  • Foreign parties seeking to enforce a foreign award against assets in India
  • Government departments and public sector bodies that arbitrate contract disputes

Good to know

Structure
Part I (Sections 2 to 43), Part IA (Sections 43A to 43M), Part II (Sections 44 to 60), Part III (Sections 61 to 81) and Part IV (Sections 82 to 87).
Amendments
Major changes were made in 2015, 2019 and 2021, including the time limit for awards (Section 29A), fast track procedure (Section 29B) and the Arbitration Council of India (Part IA).

Frequently asked questions

Which section defines an arbitration agreement?

Section 7.

Which section allows a court to grant interim measures?

Section 9. Interim measures by the arbitral tribunal are under Section 17.

How is an arbitrator appointed if parties fail to agree?

Section 11.

What is the time limit for making an arbitral award?

Section 29A.

Which section deals with setting aside an arbitral award?

Section 34. Appealable orders are listed in Section 37.