Arbitration Act 1940

Section 2

Definitions

(1) In this Part, unless the context otherwise requires, -

(a) " arbitration " means any arbitration whether or not administered by permanent arbitral institution;

(b) " arbitration agreement" means an agreement referred to in section 7;

(c) " arbitral award" includes an interim award;

(d) " arbitral tribunal" means a sole arbitrator or a panel of arbitrators;

(e) "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes;

(f) "international commercial arbitration" means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is -

( i ) an individual who is a national of, or habitually resident in, any country other than India ; or

(ii) a body corporate which is incorporated in any country other than India ; or

(iii) a company or association or a body of individuals whose central management and control is exercised in any country other than India ; or

(iv) the Government of a foreign country;

(g) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting;

(h) " party " means a party to an arbitration agreement.

(2) This Party shall apply where the place of arbitration is in India .

(3) This Part shall not affect other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration.

(4) This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as the provisions of this Part are inconsistent with the other enactment or with any rules made there under.

(5) Subject to the provisions of sub-section (4), and save in so far as is otherwise provided by any law for the time being in force or in any agreement in force between India and any other country or countries, this Part shall apply to all arbitrations and to all proceedings relating thereto.

(6) Where this Part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorize any person including an institution, to determine that issue.

(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 of clause (a) sub-section (2) of section 32, refers to a claim, it shall also apply to a counterclaim, and where it refers to a defense, it shall also apply to a defense to that counterclaim.

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