Challenge procedure
Section 13 of the Arbitration and Conciliation Act, 1996 deals with challenge procedure. Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator. The Act came into force on 22 Aug 1996.
(1) Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator.
(2) Failing any agreement referred to in sub-section (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal.
(3) Unless the arbitrator challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(4) If a challenge under any procedure agreed upon by the parties or under the procedure under sub-section (2) is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award.
(5) Where an arbitral award is made under sub-section (4), the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34.
(6) Where an arbitral award is set aside on an application made under sub-section (5), the Court may decide as to whether the arbitrator who is challenged is entitled to any fees.
Section 13, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kinnari Mullick vs Ghanshyam Das Damani
Court's Decision & Legal Precedent
The power vested in courts under Section 34(4) of the Arbitration and Conciliation Act, 1996 is limited to adjourning proceedings before setting aside an arbitral award upon written request by a party to the arbitration, to allow the arbitral tribunal an opportunity to resume proceedings or take curative action. Courts possess no power to remand or relegate matters to the arbitral tribunal after the award has been set aside, and any such remand cannot be ordered suo moto.
On this section: Referenced by Division Bench regarding challenge procedures for tribunal constitution and waiver of objections through failure to timely raise them.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Gail (India limited (Formerly Gas Authority of India Limited) (2018) 12 SCC 471 and submits that if a case of the parties is based on bias then it will be covered under Section 13 of the Arbitration and Conciliation Act, 1996 (for short, the Act) and the only stage at which such a challenge could be raised is after the award is passed by the Tribunal. 3. Shri Sundaram, learned senior counsel further submits that the case of bias would not fall under Section 14 of the Act so as to …
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… This set of Writ Petitions seek to challenge the constitutional Digitally signed by R validity of Section 87 of the Arbitration and Conciliation Act, 1996 NATARAJAN Date: 2019.11.27 16:57:45 IST Reason: Signature Not Verified (hereinafter referred to as the "Arbitration Act, 1996") as inserted by Section 13 of the Arbitration and Conciliation (Amendment) Act, 2019 (hereinafter referred to as the "2019 Amendment Act") and brought into force with effect from 30.08.2019. They also seek to challenge the repeal (with effect from 23.10.2015) of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter …
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… dated 15.12.2014, which has been fully analyzed in the foregoing paragraphs, it is observed that this amounts to submission of the counter claim by the Respondents as is referred to under section 7 read with second part Sub-Section (2) of Section 13 of the Arbitration and conciliation Act 1996 but the same has not been submitted within prescribed period of 15 days from the date of becoming aware of the Constitution of Arbitral Tribunal. Thus the situation of having raised the defense in this case, in terms of the said provisions of Law, is also obtaining in the …
Questions about Section 13
What have the courts held on Section 13 of the Arbitration and Conciliation Act?
Kinnari Mullick vs Ghanshyam Das Damani (20 Apr 2017) is the leading judgment on this section among those set out below: Referenced by Division Bench regarding challenge procedures for tribunal constitution and waiver of objections through failure to timely raise them.
How do I find court cases under Section 13 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 13, section 13 Arbitration Act, section 13 of the Arbitration and Conciliation Act. People searching for it also type 13 arbitration act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kinnari Mullick vs Ghanshyam Das Damani (20 Apr 2017).
What should I read with Section 13 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 12 (Grounds for challenge), section 34 (Application for setting aside arbitral awards), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 13 of the Arbitration and Conciliation Act come into force?
Section 13 of the Arbitration and Conciliation Act, cited as Arbitration Act 13, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.