Alternative Dispute Resolution Act, 2010 24.

Competence to rule on jurisdiction

ARRANGEMENT OF SECTIONS 25. Objection to jurisdiction
PART ONE 26. Application to High Court on jurisdiction
ARBITRATION 27. Waiver of right
Arbitration agreement 28. Rights of party not notified of arbitral proceedings
Section Arbitral processes
1. Application 29. Arbitration management conférence
2. Form of arbitration agreement 30. Conciliation conférence
3. Separation of arbitration agreement and revocation of agreement 31. Duties and powers of arbitrator in proceedings
4. Arbitration agreement not discharged by death 32. Language of proceedings
5. Reference to arbitration 33. Statement of claim and defence
6. Application to court 34. The arbitration hearing
7. Reference by court 35. Taking of evidence in presence of parties
8. Change in claim or counterclaim 36. Filing of documents and other evidence after hearing
9. Modification of time 37. Notice of investigation or inspection
10. Reckoning of time 38. Interim reliefs
11. Place of arbitration 39. Powers of the High Court to support arbitral proceedings
Qualification and appointment of arbitrator 40. Determination of preliminary point of law
12. Qualification of arbitrator 41. Mode and substance of evidence by witness
13. Number of arbitrators 42. Representation
14. Appointment of arbitrator 43. Appointment of expert
Impartiality and challenge of arbitrator 44. Postponement of hearing
15. Impartiality and challenge of arbitrator 45. Closing of hearing
16. Challenge of appointment procedure 46. Reopening of hearing
Revocation of arbitrator’s authority 47. Settlement before conclusion of arbitration
17. Revocation of arbitrator s authority 48. Rules for the award
18. Revocation of arbitrator s authority by the High Court 49. Form and content of arbitral award
Vacancy in the Arbitral Tribunal 50. Scope of award
19. Resignation of arbitrator 51. Assessment of fees and compensation
20. Death of arbitrator or person who appointed the arbitrator 52. Effect of award
21. Filling of vacancy 53. Correction of or addition to award
Fees and immunity of arbitrators 54. Liability and waiver
22. Fees for arbitrators 55. Expenses
23. Immunity of arbitrator 56. Power to withhold award in case of non-payment
Jurisdiction of Arbitral Tribunal Powers of the High Court in relation to award
57. Enforcement of the award
58. Challenge of award
59. Enforcement of foreign awards
60. Expedited arbitration proceedings
61. Modification of Centre Rules
62. Effect of expedited proceedings
PART TWO
MEDIATION O FDISPUTES
63. Submission to mediation
64. Reference to mediation by court
65. Number of mediators
66. Appointment of mediator
67. Mediator with interest
68. Disclosure by mediator
69. Termination of appointment for delay
70. Filling of vacancy in mediation
71. Representation in mediation
72. Date, time and place of mediation
73. Identification of issues in dispute
74. Powers of mediator
75. Administrative assistance
76. Communication between mediator and parties
77. Attendance at mediation
78. Disclosure of information
79. Confidentiality of mediation
80. End of mediation
81. Settlement agreement
82. Status and effect of settlement agreement
83. Resort to arbitral or judicial proceedings
84. Role of mediator in other proceedings
85. Admissibility of evidence in other proceedings
86.Exclusion of liability
87. Mediation expenses
88. Deposits
PART THREE
CUSTOMARY ARBITRATION
89.Submission to customary arbitration
90. Agreement to submit to customary arbitration
91.Reference by court to customary arbitration
92.Qualification of customary arbitrator
93. Rules of customary arbitration
94. Registration of dispute with the Centre
95. Number of customary arbitrators
96. Appointment of customary arbitrator by Centre
97. Notice of appointment of customary arbitrator
98. Disclosure by a customary arbitrator
99. Challenge of a customary arbitrator
100. Revocation of customary arbitrator s appointment
101. Resignation of customary arbitrator
102. Death of customary arbitrator
103. Filling of vacancy in customary arbitration
104. Place, date and time of first customary arbitration session
105. Withdrawal from customary arbitration
106. Language of proceedings
107. Time for customary award
108. Form of customary award
109. Effect of customary award
110. Registration of customary award
111. Enforcement of customary award
112. Setting aside customary award
113. Negotiation for a settlement
PART FOUR
ALTERNATIVE DISPUTE RESOLUTION CENTRE
114. Establishment of Alternative Dispute Resolution Centre
115. Object and functions of the Centre
116. Independence of Centre
117. Board of governors
118. Tenure of office of members of the Board
119. Allowance of members of the Board
120. Meetings of the Board Section 5 Extent of Judicial Intervention
121. Disclosure of interest by Board member Section 6 Administrative Assistance
122. Committees of the Board Chapter II Arbitration Agreement
123. Registration of arbitrators and mediators Section 7 Arbitration Agreement
124. Regional and district offices of the Centre Section 8 Power of Refer Parties to Arbitration where there is an
PART FIVE Arbitration Agreement
FINANCIAL, ADMINISTRATIVE AND Section 9 Interim Measures Etc. By Court
MISCELLANEOUS PROVISIONS Chapter III Composition Of Arbitral Tribunal
125. Establishment of Alternative Dispute Resolution Fund Section 10 Number Of Arbitrators
126. Objects of the Fund Section 11 Appointment of Arbitrators
127. Management of the Fund Section 12 Grounds For Challenge
128. Functions of the Board in relation to the Fund Section 13 Challenge Procedure
129. Executive Secretary Section 14 Failure Or Impossibility To Act
130. Appointment of other staff Section 15 Termination of Mandate And Substitution of Arbitrator
131. Delegation of power of appointment Chapter IV Jurisdiction Of Arbitral Tribunals
132. Accounts and Audit Section 16 Competence of Arbitral Tribunal to rule on its
133. Annual reports Jurisdiction
134. Regulations Section 17 Interim measures ordered by Arbitral Tribunal
135. Interpretation Chapter V Conduct Of Arbitral Proceedings
136. Modification of court rules Section 18 Equal treatment of parties
137. Repeals and savings Section 19 Determination of rules of procedure
138. Transitional provisions Section 20 Place of Arbitration
Section 21 Commencement of Arbitral Proceedings
Arbitration Act 1940 Section 22 Language
Section 23 Statements of Claim And Defence
Contents Section 24 Hearings and Written Proceedings
Sections Particulars Section 25 Default of a party
Preamble Section 26 Expert appointment by Arbitral Tribunal
Preliminary Section 27 Court Assistance in taking evidence
Section 1 Short Title Extent And Commencement Chapter VI Making of Arbitral Award and Termination of
Part I Arbitration Proceedings
Chapter I General Provisions Section 28 Rules applicable to substance of dispute
Section 2 Definitions Section 29 Decision making by Panel Of Arbitrators
Section 3 Receipt of written communications Section 30 Settlement
Section 4 Waiver of right to object Section 31 Form and contents Of Arbitral Award
Section 32 Termination of Proceedings Section 57 Conditions for enforcement of Foreign Awards
Section 33 Correction and Interpretation of Award; Additional Award Section 58 Enforcement of Foreign Awards
Chapter Recourse Against Arbitral Award Section 59 Appealable Orders
VII Section 60 Saving
Section 34 Application for setting aside Arbitral Award Part III Conciliation
Chapter Finality and Enforcement of Arbitral Awards Section 61 Application and scope
VIII Section 62 Commencement of conciliation proceedings
Section 35 Finality of Arbitral Awards Section 63 Number of conciliators
Section 36 Enforcement Section 64 Appointment of conciliators
Chapter IX Appeals Section 65 Submission of statements to conciliator
Section 37 Appealable orders Section 66 Conciliator not bound by certain enactments
Chapter X Miscellaneous Section 67 Role of Conciliator
Section 38 Deposits Section 68 Administrative assistance
Section 39 Lien on Arbitral Award And Deposits as to costs Section 69 Communication between conciliator and parties
Section 40 Arbitration Agreement not to be discharged by death of Section 70 Disclosure of information
party thereto Section 71 Co-operation of parties with conciliator
Section 41 Provisions in case of insolvency Section 72 Suggestions by parties for settlement of dispute
Section 42 Jurisdiction Section 73 Settlement agreement
Section 43 Limitations Section 74 Status of effect of settlement agreement
Part II Enforcement of Certain Foreign Awards Section 75 Confidentiality
Chapter I New York Convention Awards Section 76 Termination of conciliation proceedings
Section 44 Definition Section 77 Resort to arbitral or judicial proceedings
Section 45 Power of Judicial Authority to refer parties to Arbitration Section 78 Costs
Section 46 When Foreign Award Binding Section 79 Deposits
Section 47 Evidence Section 80 Role of conciliator in other proceedings
Section 48 Conditions for enforcement of Foreign Awards Section 81 Admissibility of evidence in other proceedings
Section 49 Enforcement of Foreign Awards Section 82 Power of high court to make rules
Section 50 Appealable orders Section 83 Removal of difficulties
Section 51 Saving Section 84 Power to make rules
Section 52 Not to apply Section 85 Repeal and savings
Chapter II Geneva Convention Awards Section 86 Repeal of ordinance 27 of 1996 and saving
Section 53 Interpretation
Section 54 Power of Judicial Authority to refer parties to Arbitration
Section 55 Foreign Awards when binding
Section 56 Evidence