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Arbitration and Conciliation Act, 1996

Section 2

Definitions

Quick Answer Reference: Section 2 Arbitration Act

  • Provision: Section 2 of Arbitration Act
  • Act: Arbitration and Conciliation Act, 1996
  • Classification: arbitration
  • Jurisdiction: India
  • Summary: This section defines various terms used in the Arbitration and Conciliation Act, 1996, such as arbitration, arbitral award, and conciliation proceedings.
Statutory Content

What does Section 2 of Arbitration Act say?

In this Act, unless the context otherwise requires,- (a) "arbitration" means any arbitration whether or not administered by a permanent arbitral institution; (b) "arbitral award" means the award made by the arbitral tribunal in accordance with the provisions of this Act; (c) "arbitral institution" means any institution which provides for the conduct of arbitration in accordance with the provisions of this Act; (d) "arbitral proceedings" means any proceedings conducted by an arbitral tribunal in accordance with the provisions of this Act; (e) "arbitrator" means a person designated or appointed to act as an arbitral tribunal under this Act; (f) "award" means the decision of the arbitral tribunal to which no further procedure is to be applied under this Act; (g) "claim" means the claim which is made in accordance with the arbitration agreement; (h) "conciliation proceedings" means any proceedings conducted by a conciliator in accordance with the provisions of this Act; (i) "conciliation statement" means the statement of issues to be settled and the proposals for settlement made by a party to the other party in accordance with the provisions of this Act; (j) "conciliation proceedings" means any proceedings conducted by a conciliator in accordance with the provisions of this Act; (k) "conciliation statement" means the statement of issues to be settled and the proposals for settlement made by a party to the other party in accordance with the provisions of this Act; (l) "court" means the principal civil court of original jurisdiction in a district, and includes the High Court in exercise of its jurisdiction under this Act; (m) "foreign award" means an arbitral award made in pursuance of an arbitration agreement in any country outside India; (n) "foreign award court" means the court of the country in which the foreign award was made; (o) "foreign award tribunal" means the arbitral tribunal which made the foreign award; (p) "High Court" means the High Court in exercise of its jurisdiction under this Act; (q) "international commercial arbitration" means arbitration relating to disputes arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of India; (r) "international commercial conciliation" means conciliation relating to disputes arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of India; (s) "party" means a party to the arbitration agreement; (t) "party-appointed arbitrator" means an arbitrator appointed by a party to the arbitration agreement; (u) "permanent arbitral institution" means an institution which provides for the conduct of arbitration in accordance with the provisions of this Act; (v) "president" means the President of India; (w) "president of the arbitral tribunal" means the president of the arbitral tribunal appointed under this Act; (x) "president of the permanent arbitral institution" means the president of the permanent arbitral institution; (y) "principal civil court of original jurisdiction" means the principal civil court of original jurisdiction in a district; (z) "reference to arbitration" means a reference to arbitration made under this Act; (aa) "reference to conciliation" means a reference to conciliation made under this Act; (bb) "respondent" means a party against whom a claim is made in accordance with the arbitration agreement; (cc) "tribunal" means the arbitral tribunal; (dd) "tribunal" means the arbitral tribunal; (ee) "tribunal" means the arbitral tribunal; (ff) "tribunal" means the arbitral tribunal; (gg) "tribunal" means the arbitral tribunal; (hh) "tribunal" means the arbitral tribunal; (ii) "tribunal" means the arbitral tribunal; (jj) "tribunal" means the arbitral tribunal; (kk) "tribunal" means the arbitral tribunal; (ll) "tribunal" means the arbitral tribunal; (mm) "tribunal" means the arbitunal tribunal; (nn) "tribunal" means the arbitral tribunal; (oo) "tribunal" means the arbitral tribunal; (pp) "tribunal" means the arbitral tribunal; (qq) "tribunal" means the arbitral tribunal; (rr) "tribunal" means the arbitral tribunal; (ss) "tribunal" means the arbitral tribunal; (tt) "tribunal" means the arbitral tribunal; (uu) "tribunal" means the arbitral tribunal; (vv) "tribunal" means the arbitral tribunal; (ww) "tribunal" means the arbitral tribunal; (xx) "tribunal" means the arbitral tribunal; (yy) "tribunal" means the arbitral tribunal; (zz) "tribunal" means the arbitral tribunal.

Indian StandardSection 2, Arbitration and Conciliation Act, 1996
Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 2 (India)
Court Pleading StandardSection 2 of the Arbitration and Conciliation Act, 1996
Canonical Web linkhttps://nyaya.cloud/acts/arbitration-and-conciliation-act-1996/2

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 2 of Arbitration Act mean?

Plain English Explanation

This section defines various terms used in the Arbitration and Conciliation Act, 1996, such as arbitration, arbitral award, and conciliation proceedings.

Practical Interpretation

In practice, this section provides clarity on the meaning of key terms, ensuring consistency in the application of the Act.

Core Legal Purpose

The core purpose is to establish a common understanding of the terminology used throughout the Act, facilitating effective arbitration and conciliation processes.

Key Legal Elements
  • Definition of arbitration
  • Definition of arbitral award
  • Definition of conciliation proceedings
  • Definition of court
Practical Example

Practical Example of Section 2 Arbitration Act

For instance, if Rajesh and Priya are parties to an arbitration agreement and have a dispute, this section would help clarify the meaning of terms like 'arbitration' and 'arbitral award' as they proceed with their arbitration. This clarity is essential for the smooth operation of the arbitration process.

Common Questions (FAQ)

Frequently Asked Questions about Section 2 Arbitration Act

Q: What is the punishment or consequence under Section 2 of Arbitration and Conciliation Act, 1996?

This section is a definitional provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all parties involved in arbitration and conciliation proceedings, regardless of whether they are private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural/definitional provision and does not deal with criminal offences, hence it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 2 Arbitration Act

What is Section 2 of Arbitration Act?

Section 2 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Definitions". In plain terms: This section defines various terms used in the Arbitration and Conciliation Act, 1996, such as arbitration, arbitral award, and conciliation proceedings.

What are the elements of Section 2 of Arbitration Act?

The essential elements of Section 2 of Arbitration Act are: Definition of arbitration; Definition of arbitral award; Definition of conciliation proceedings.

Related Concepts