Section 45
Power of judicial authority to refer parties to arbitration.
The Arbitration and Conciliation Act, 1996
About this Act
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.
Notwithstanding anything contained in Part I
or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in
respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the
parties or any person claiming through or under him, refer the parties to arbitration, 1[unless it prima facie finds] that
the said agreement is null and void, inoperative or incapable of being performed.
Notes
1. Subs. by Act 33 of 2019, s. 11, for "unless it finds" (w.e.f. 30-8-2019).