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:-

CHAP

INTRODUCTORY

CHAPTER I

INTRODUCTORY

1.

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.

CHAP

ARBITRATION WITHOUT INTERVENTION OF A COURT

CHAPTER II

ARBITRATION WITHOUT INTERVENTION OF A COURT

3.

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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