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Section 45, Arbitration & Conciliation Act 1996: Power Of Judicial Authority To Refer Parties To Arbitration

Section 45 (Power of judicial authority to refer parties to arbitration) is under Chapter I (New York Convention Awards) of the Part II (Enforcement Of Certain Foreign Awards) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

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, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.”





This page was last updated on 31st December, 2017.

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