THE ARBITRATION ACT, 1940

Year : 1940

[Act, No. 10 of 1940]1*

[11th March, 1940]

PREAMBLE

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:

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1. For the Statement of Objects and Reasons, see Gazette of India, 1939, Pt. V, pg. 142; for the Report of the Select committee, 1940, Pt. V, p. 35; THIS ARBITRATION ACT, 1940 HAS NOW BEEN REPEALED BY THE ARBITRATION AND CONCILIATION ACT, 1996 26 OF 1996, SECTION 86 W.E.F. 25th JANUARY, 1996.

2. The words "in the Provinces" omitted by the A.O., 1950.

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Section -1 Short title, extent and commencement

(1) This Act may be called the Arbitration act, 1940.

(2) It extends 1* to the whole of India 2*[except the State of Jammu and Kashmir.]

(3) It shall come into force on the 1st day of July, 1940.

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1. For the Statement of Objects and Reasons, see Gazette of India, 1939, Pt. V, pg. 142; for the Report of the Select committee, 1940, Pt. V, p. 35; THIS ARBITRATION ACT, 1940 HAS NOW BEEN REPEALED BY THE ARBITRATION AND CONCILIATION ACT, 1996 26 OF 1996, SECTION 86 W.E.F. 25THJANUARY, 1996.

2. Extended a Dadra & Nagar Haveli, vide Reg. 6 of 1963. SECTION 2 and Schedule I; to Lakshadweep, vide Reg. 8 of 1965, SECTION 3 and Schedule; to Goa, Daman and Diu by Act 30 of 1965; to Pondicherry, vide Act 26 of 1968, SECTION 3 and Schedule.

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Section -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 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 proceedings under section 21, include a Small Cause Court;

(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.