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The Arbitration and Conciliation Act, 1996: page 27

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 27. Unreviewed extraction.

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    39. Lien on arbitral award and deposits as to costs.—(1) Subject to the provisions of
sub-section (2) and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall
have a lien on the arbitral award for any unpaid costs of the arbitration.
    (2) If in any case an arbitral tribunal refuses to deliver its award except on payment of the costs
demanded by it, the Court may, on an application in this behalf, order that the arbitral tribunal shall
deliver the arbitral award to the applicant on payment into Court by the applicant of the costs demanded,
and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court
there shall be paid to the arbitral tribunal by way of costs such sum as the Court may consider reasonable
and that the balance of the money, if any, shall be refunded to the applicant.
    (3) An application under sub-section (2) may be made by any party unless the fees demanded have
been fixed by written agreement between him and the arbitral tribunal, and the arbitral tribunal shall be
entitled to appear and be heard on any such application.
    (4) The Court may make such orders as it thinks fit respecting the costs of the arbitration where any
question arises respecting such costs and the arbitral award contains no sufficient provision concerning
them.
    40. Arbitration agreement not to be discharged by death of party thereto.—(1) An arbitration
agreement shall not be discharged by the death of any party thereto either as respects the deceased or as
respects any other party, but shall in such event been forceable by or against the legal representative of
the deceased.                                                        e
                                                               od
   (2) The mandate of an arbitrator shall not be terminated by the death of any party by whom he was
appointed.
                                                            aC
     (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action
is extinguished by the death of a person.
                                                       di
     41. Provisions in case of insolvency.—(1) Where it is provided by a term in a contract to which an
                                                      In
insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to
arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far
as it relates to any such dispute.
    (2) Where a person who has been adjudged an insolvent had, before the commencement of the
insolvency proceedings, become a party to an arbitration agreement, and any matter to which the
agreement applies is required to be determined in connection with, or for the purposes of, the insolvency
proceedings, then, if the case is one to which sub-section (1) does not apply, any other party or the
receiver may apply to the judicial authority having jurisdiction in the insolvency proceedings for an order
directing that the matter in question shall be submitted to arbitration in accordance with the arbitration
agreement, and the judicial authority may, if it is of opinion that, having regard to all the circumstances of
the case, the matter ought to be determined by arbitration, make an order accordingly.
     (3) In this section the expression “receiver” includes an Official Assignee.
     42. Jurisdiction.—Notwithstanding anything contained elsewhere in this Part or in any other law for
the time being in force, where with respect to an arbitration agreement any application under this Part has
been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all
subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that
Court and in no other Court.
     1
     [42A. Confidentiality of information.—Notwithstanding anything contained by any other law for
the time being in force, the arbitrator, the arbitral institution and the parties to the arbitration agreement
shall maintain confidentially of all arbitral proceedings except award where its disclosure is necessary for
the purpose of implementation and enforcement of award.
    42B. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against
the arbitrator for anything which is in good faith done or intended to be done under this Act or the rules or
regulations made thereunder.]


1. Ins. by Act 33 of 2019, s. 9 (w.e.f. 30-8-2019).
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