The Arbitration Act, 1940
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The Arbitration Act, 1940
THE ARBITRATION ACT, 1940 1*ACT NO. 10 OF 1940[11th March, 1940.]An Act to consolidate and amend the law relating to Arbitration .WHEREAS it is expedient to consolidate and amend the law relating to, arbitration 2* * * ;It is hereby enacted as follows:-CHAPINTRODUCTORYCHAPTER IINTRODUCTORY1.Short title, extent and commencement.1. Short title, extent and commencement. (1) This Act may be called the Arbitration Act, 1940.(2) It extends to the whole of India 3 [except the State of Jammu and Kashmir].(3) It shall come into force on the 1st day of July, 1940.2.Definitions.2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-(a) "arbitration agreement" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not;(b) "award" means an arbitration award;(c) "Court" means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceed-ings under section 21, include a Small Cause Court;[See footnote 1 for this section](d) "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;(e) "reference" means a reference to arbitration.CHAPARBITRATION WITHOUT INTERVENTION OF A COURTCHAPTER IIARBITRATION WITHOUT INTERVENTION OF A COURT3.Provisions implied in arbitration agreement.3. Provisions implied in arbitration agreement. An arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule in so far as they are ap...
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