Act Number: 26

Act Name: The Arbitration and Conciliation Act, 1996

Year: 1996

Enactment Date: 1996-08-16

Long Title: 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.

Ministry: Ministry of Law and Justice

Department: Department of Legal Affairs

Section 45: Power of judicial authority to refer parties to arbitration.
    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).
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