In force · As amended up to 2026-08
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration
(3) A copy of the arbitration agreement shall be forwarded to the
appropriate Government and the conciliation officer and the
appropriate Government shall, within 1*[one month] from the date of the
receipt of such copy, publish the same in the Official Gazette.
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2*[(3A) Where an industrial dispute has been referred to arbitration
and the appropriate Government is satisfied that the persons making the
reference represent the majority of each party, the appropriate Government
may, within the time referred to in sub-section (3) issue a notification in
such manner as may be prescribed; and when any such notification is issued,
the employers and workmen who are not parties to the arbitration agreement but
are concerned in the dispute, shall be given an opportunity of presenting
their case before the arbitrator or arbitrators.]
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration
(2) An arbitration agreement referred to in sub-section (1) shall be in
such form and shall be signed by the parties thereto in such manner as may
be prescribed.
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration
(4) The arbitrator or arbitrators shall investigate the dispute and
submit to the appropriate Government the arbitration award signed by the
arbitrator or all the arbitrators, as the case may be.
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2*[(4A) Where an industrial dispute has been referred to arbitration
and a notification has been issued under sub-section (3A), the appropriate
Government may, by order, prohibit the continuance of any strike or lock-out
in connection with such dispute which may be in existence on the date of the
reference.]
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration
(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply
to arbitrations under this section.]
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration
10A.
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Voluntary reference of disputes to arbitration.
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3*[10A. Voluntary reference of disputes to arbitration.- (1) Where any
industrial dispute exists or is apprehended and the employer and the workmen
agree to refer the dispute to arbitration, they may, at any time before the
dispute has been referred under section 10 to a Labour Court or Tribunal or
National Tribunal, by a written agreement, refer the dispute to arbitration
and the reference shall be to such person or persons (including the
presiding officer of a Labour Court or Tribunal or National Tribunal) as an
arbitrator or arbitrators as may be specified in the arbitration agreement.
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4*[(1A) Where an arbitration agreement provides for a reference of the
dispute to an even number of arbitrators, the agreement shall provide for
the appointment of another person as umpire who shall enter upon the
reference, if the arbitrators are equally divided in their opinion, and the
award of the umpire shall prevail and shall be deemed to be the arbitration
award for the purposes of this Act.]
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1. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).
2. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
3. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957).
4. Ins. by s. 6, ibid. (w.e.f. 19-12-1964).
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Source: India Code