Repealed or not in force · As amended up to 2026-08
1. Short title, extent and commencement.
`2.` Definitions.
CHAPTER 11.
- 3, Provisions implied in arbitration agreement.
`4.` Agreement that srbitrators be appointed by third party.
`6.` Authority of appointed arbitrator or umpire except by leave of Court
irrevocable
CHAPTER I.
1. (1) This Act may be called the Arbitration Act, :,"g",;',"td 1940. c ~ m m e n ~ e ment. ment.
c ~ m m e n ~ e ment.
- (2) It extends to the whole of British India.
- (3) It shall come into force on the 1st day of July, 1940.
8. In this Act, unless there is anything repugnant `in` Deftaftlorn - the subject or context,-
- (a) " arbitration agreement " means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not ;
- (b) " award " means an arbitration award ;
- (c) " Court " means a Civil Court having jurisdiction
- - to decide the questions forming the subjectmatter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpoae of arbitration proceedings under section 21, include a Small Cause Court ;
- (d) "legal representative " means a person who in law represents the estate of a deceased person, and
includes
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A~bit~ation `[ACT` II
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includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting ;
(e) " reference " means a reference to arbitration.
CHAPTER 11.
THE FIRST SCHEDULE.
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(Xee section 3.)
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INLPWED CONDITIONS OF ARBITRATION AGREEMENTS.
1. Unless otherwise expressly provided, the reference shall be to a sole arbitrator.
2. If the reference is to an even number of arbitrat.ors, the arbitrators shall appoint an umpire not later than one month from the latest date of their respective appointments.
3. The arbitrators shall make their award within four months after entering on the reference or after ha~ing been called upon to act by notice in writing from any pa'rty to the arbitration agreement or within such extended time as the Court may allow.
1. The preservation, interim custody or sale of any goods which are the subjecti-matter of the reference.
2. Securing the amount in difference in the reference.
3. The detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein nnd authorising for any of the aforesaid purposes any person to enter upon or into any land or building in the possession of any party t o the referonce, or authorising any samples to be taken, or any observation t o be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
4. Interim injunctions or the appointment of a receiver.
Source: India Code