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The Arbitration and Conciliation Act, 1996: page 14

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 14. Unreviewed extraction.

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     1
     [(12) (a) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise
in an international commercial arbitration, the reference to the “Supreme Court or, as the case may be, the
High Court” in those sub-sections shall be construed as a reference to the “Supreme Court”; and
     (b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in any
other arbitration, the reference to “the Supreme Court or, as the case may be, the High Court” in those
sub-sections shall be construed as a reference to the “High Court” within whose local limits the principal
Civil Court referred to in clause (e) of sub-section (1) of section 2 is situate, and where the High Court
itself is the Court referred to in that clause, to that High Court.]
     2
     [(13) An application made under this section for appointment of an arbitrator or arbitrators shall be
disposed of by the Supreme Court or the High Court or the person or institution designated by such Court,
as the case may be, as expeditiously as possible and an endeavour shall be made to dispose of the matter
within a period of sixty days from the date of service of notice on the opposite party.
    (14) For the purpose of determination of the fees of the arbitral tribunal and the manner of its
payment to the arbitral tribunal, the High Court may frame such rules as may be necessary, after taking
into consideration the rates specified in the Fourth Schedule.
    Explanation.—For the removal of doubts, it is hereby clarified that this sub-section shall not apply to
international commercial arbitration and in arbitrations (other than international commercial arbitration)
in case where parties have agreed for determination of fees as per the rules of an arbitral institution.]
     3
      [11A. Power of Central Government to amend Fourth Schedule.—(1) If the Central Government
                                                                              e
is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, amend
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the Fourth Schedule and thereupon the Fourth Schedule shall be deemed to have been amended
accordingly.
                                                                     aC
    (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
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comprised in one session or in two or more successive sessions, and if, before the expiry of the session
                                                         In
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by the both Houses of Parliament.]
   12. Grounds for challenge.—4[(1) When a person is approached in connection with his possible
appointment as an arbitrator, he shall disclose in writing any circumstances,—
         (a) such as the existence either direct or indirect, of any past or present relationship with or
     interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business,
     professional or other kind, which is likely to give rise to justifiable doubts as to his independence or
     impartiality; and
         (b) which are likely to affect his ability to devote sufficient time to the arbitration and in
     particular his ability to complete the entire arbitration within a period of twelve months.
    Explanation 1.—The grounds stated in the Fifth Schedule shall guide in determining whether
circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an
arbitrator.
   Explanation 2.—The disclosure shall be made by such person in the form specified in the Sixth
Schedule.]
    (2) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall,
without delay, disclose to the parties in writing any circumstances referred to in sub-section (1) unless
they have already been informed of them by him.




1. Subs. by Act 3 of 2016, s. 6, for sub-section (12) (w.e.f. 23-10-2015).
2. Ins. by s. 6, ibid.(w.e.f. 23-10-2015).
3. Ins. by s. 7, ibid. (w.e.f. 23-10-2015).
4. Subs. by s. 8, ibid., for sub-section (1) (w.e.f. 23-10-2015).
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