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The Arbitration and Conciliation Act, 1996: page 9
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(7) An arbitral award made under this Part shall be considered as a domestic award.
(8) Where this Part—
(a) refers to the fact that the parties have agreed or that they may agree, or
(b) in any other way refers to an agreement of the parties,
that agreement shall include any arbitration rules referred to in that agreement.
(9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32,
refers to a claim, it shall also apply to a counterclaim, and where it refers to a defence, it shall also apply
to a defence to that counterclaim.
3. Receipt of written communications.—(1) Unless otherwise agreed by the parties,—
(a) any written communication is deemed to have been received if it is delivered to the addressee
personally or at his place of business, habitual residence or mailing address, and
(b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a
written communication is deemed to have been received if it is sent to the addressee's last known
place of business, habitual residence or mailing address by registered letter or by any other means
which provides a record of the attempt to deliver it.
(2) The communication is deemed to have been received on the day it is so delivered.
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(3) This section does not apply to written communications in respect of proceedings of any judicial
authority. od
4. Waiver of right to object.—A party who knows that— aC
(a) any provision of this Part from which the parties may derogate, or
(b) any requirement under the arbitration agreement,
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has not been complied with and yet proceeds with the arbitration without stating his objection to such
non-compliance without undue delay or, if a time limit is provided for stating that objection, within that
period of time, shall be deemed to have waived his right to so object.
5. Extent of judicial intervention.—Notwithstanding anything contained in any other law for the
time being in force, in matters governed by this Part, no judicial authority shall intervene except where so
provided in this Part.
6. Administrative assistance.—In order to facilitate the conduct of the arbitral proceedings, the
parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance
by a suitable institution or person.
CHAPTER II
Arbitration agreement
7. Arbitration agreement.—(1) In this Part, “arbitration agreement” means an agreement by the
parties to submit to arbitration all or certain disputes which have arisen or which may arise between them
in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of
a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in—
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication 1 [including
communication through electronic means] which provide a record of the agreement; or
1. Ins. by Act 3 of 2016, s. 3 (w. e. f. 23-10-2015).
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