Arbitration
& Conciliation Act, 1996
Twenty-six chapter notes covering the law of domestic and international commercial arbitration and conciliation — the arbitration agreement, appointment and challenge of arbitrators, interim measures, the conduct of arbitral proceedings, the arbitral award, recourse to setting aside under Section 34, enforcement of awards, and the recognition and enforcement of foreign awards. Section first, ground second, leading case third.
The 1996 Act — and the line between court and arbitral tribunal.
The Arbitration and Conciliation Act 1996 is based on the UNCITRAL Model Law and aligns Indian arbitration with international practice. The Act has been substantially amended in 2015, 2019, and 2021 — each amendment tightening timelines, narrowing court intervention, and clarifying the test for setting aside awards. Part I of the Act governs domestic arbitration; Part II covers the recognition and enforcement of foreign awards under the New York Convention 1958 and the Geneva Convention 1927.
These notes anchor every chapter to its statutory section. The most-tested provisions are Section 7 (arbitration agreement), Section 8 (reference to arbitration by court), Section 9 (interim measures by court), Section 11 (appointment of arbitrators), Section 16 (competence-competence), Section 17 (interim measures by tribunal), Section 31 (form of award), and Section 34 (setting aside) read with the patent-illegality ground for domestic awards.
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the statutory section, the scheme stage (formation, conduct, award, challenge, enforcement), the court versus tribunal allocation, and the leading authority.
How to read these notes
Start with the section.
Every chapter opens with the precise Section of the Arbitration Act and the relevant amendment year (2015, 2019, or 2021). Read both. Pre-amendment and post-amendment positions on Sections 11, 12, 17, 29A, 34, and 36 differ materially — citing the wrong version will lose marks.
Identify the court-tribunal allocation.
Every arbitration question reduces to one inquiry: is this matter for the court or for the tribunal? Section 8 reference, Section 9 interim measures, Section 11 appointment, Section 14 termination, Section 34 setting aside, Section 36 enforcement — these are court matters. The merits, the conduct of proceedings, and Section 17 interim measures are tribunal matters. Identifying the right forum is the first analytical move.
Test on the leading case.
If you can restate the holding of BALCO v. Kaiser Aluminium, Vidya Drolia v. Durga Trading, or Associate Builders v. DDA in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 26 chapters, in 6 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — Agreement & Reference
Sections 1–8 — entry into arbitration
The Act’s scope and applicability, the kinds of arbitration (ad hoc and institutional, domestic and international), the arbitration agreement under Section 7 with the writing requirement, the reference to arbitration by the court under Section 8 with the prima facie examination of the existence of the arbitration agreement, and the BALCO holding on the territorial scope of Part I.
Court Assistance & Composition
Sections 9–15 — interim measures, appointment, challenge
Section 9 interim measures by the court, the limited Section 9 jurisdiction post-2015 amendment when the tribunal is functioning. The appointment of arbitrators under Section 11 and the post-2015 narrowing to the existence of an arbitration agreement. The disclosures and grounds of challenge under Section 12 and the Fifth and Seventh Schedules.
Conduct of Arbitral Proceedings
Sections 16–27 — the tribunal’s work
The competence-competence doctrine under Section 16 with the tribunal’s power to rule on its own jurisdiction. Interim measures by the tribunal under Section 17. The conduct of the proceedings, the rules of procedure, the determination of substantive law, the parties’ right to be heard, and the rules on default of appearance.
Grounds of Challenge to Arbitrator (Sections 12–13) — Independence and Impartiality
ARB · 11Termination of Mandate of Arbitrator (Sections 14–15)
ARB · 12Jurisdiction of Arbitral Tribunal — Kompetenz-Kompetenz (Section 16)
ARB · 13Interim Measures by Arbitral Tribunal (Section 17)
ARB · 14Conduct of Arbitral Proceedings (Sections 18–27)
ARB · 15Making of Arbitral Award (Sections 28–33)
Award — Form, Termination, Costs
Sections 28–33 — the arbitral award
The applicable law on the substance of the dispute under Section 28, the form and contents of the arbitral award under Section 31 with the requirement of reasons, the time limit for making the award under Section 29A introduced by the 2015 amendment, the termination of arbitral proceedings, and the rules on costs.
Setting Aside, Enforcement & Conciliation
Sections 34–86 — challenge and conciliation
Section 34 setting aside on the exhaustive grounds, the public policy ground as narrowed by the 2015 amendment, the patent-illegality ground for domestic awards. Section 36 enforcement of the award after the period for challenge expires. Section 37 appeals. Part III on conciliation including the procedure and the binding effect of a settlement.
Foreign Awards & Wrap-Up
Part II + reference
The recognition and enforcement of foreign awards under Part II — New York Convention awards under Chapter I and Geneva Convention awards under Chapter II. The grounds on which enforcement may be refused, the public policy exception as interpreted in Renusagar and Shri Lal Mahal, and the landmark Supreme Court decisions on Indian arbitration law.