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The Arbitration and Conciliation Act, 1996: page 31
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[43J. Norms for accreditation of arbitrators.—The qualifications, experience and norms for
accreditation of arbitrators shall be such as may be specified by the regulations.]
43K. Depository of awards.––The Council shall maintain an electronic depository of arbitral awards
made in India and such other records related thereto in such manner as may be specified by the
regulations.
43L. Power to make regulations by Council.––The Council may, in consultation with the Central
Government, make regulations, consistent with the provisions of this Act and the rules made thereunder,
for the discharge of its functions and perform its duties under this Act.
43M. Chief Executive Officer.––(1) There shall be a Chief Executive Officer of the Council, who
shall be responsible for day-to-day administration of the Council.
(2) The qualifications, appointment and other terms and conditions of the service of the Chief
Executive Officer shall be such as may be prescribed by the Central Government.
(3) The Chief Executive Officer shall discharge such functions and perform such duties as may be
specified by the regulations.
(4) There shall be a Secretariat to the Council consisting of such number of officers and employees as
may be prescribed by the Central Government.
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(5) The qualifications, appointment and other terms and conditions of the service of the employees
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and other officers of the Council shall be such as may be prescribed by the Central Government.]
PART II
aC
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
di
CHAPTER I
In
New York Convention Awards
44. Definition.—In this Chapter, unless the context otherwise requires, “foreign award” means an
arbitral award on differences between persons arising out of legal relationships, whether contractual or
not, considered as commercial under the law in force in India, made on or after the 11th day of October,
1960—
(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in
the First Schedule applies, and
(b) in one of such territories as the Central Government, being satisfied that reciprocal provisions
have been made may, by notification in the Official Gazette, declare to be territories to which the said
Convention applies.
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, 2[unless it prima facie finds] that the said agreement is null and void, inoperative or incapable
of being performed.
46. When foreign award binding.—Any foreign award which would be enforceable under this Chapter
shall be treated as binding for all purposes on the persons as between whom it was made, and may
accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal
proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as
including references to relying on an award.
1. Subs. by Act 3 of 2021, s. 3, for s. 43J (w.e.f. 4-11-2020).
2. Subs. by Act 33 of 2019, s. 11, for “unless it finds” (w.e.f. 30-8-2019).
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