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The Indian Council of Arbitration
[16th August, 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.
PREAMBLE
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 account the aforesaid Model Law
and Rules;
Be it enacted by Parliament in the forty seventh year of the
Republic as follows:—
PRELIMINARY
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Short title,
extent and commencement.—(1) This Act may be called the Arbitration
and Conciliation Act, 1996.
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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 conciliation.
Explanation— In this sub-section, the expression “international
commercial conciliation” shall have the same meaning as the
expression “international commercial arbitration” in clause
(f) of sub-section (1) of section 2, subject to the modification
that for the word “arbitration” occurring therein, the word
“conciliation” shall be substituted.
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It shall
be deemed to have come into force on the 25th day of January,
1996.
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