Section41
The Arbitration and Conciliation Act, 1996

Provisions in case of insolvency

In force From 22 Aug 1996 Act 26 of 1996 As on 18 Oct 2026

Act 26 of 1996 Ministry Law and Justice Enacted 16 Aug 1996 In force 22 Aug 1996 Cited by 1 provision

Section 41 of the Arbitration and Conciliation Act, 1996 deals with provisions in case of insolvency. Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such di The Act came into force on 22 Aug 1996.

(1) Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such dispute.

(2) Where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies is required to be determined in connection with, or for the purposes of, the insolvency proceedings, then, if the case is one to which sub-section (1) does not apply, any other party or the receiver may apply to the judicial authority having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be submitted to arbitration in accordance with the arbitration agreement, and the judicial authority may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

(3) In this section the expression "receiver" includes an Official Assignee.

Section 41, 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.

Referred to by 1

  1. s. 2 Definitions

Questions about Section 41

What does Section 41 of the Arbitration and Conciliation Act deal with?

Section 41 of the Arbitration and Conciliation Act is headed "Provisions in case of insolvency". Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such di

How do I find court cases under Section 41 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 41, section 41 Arbitration Act, section 41 of the Arbitration and Conciliation Act. People searching for it also type arbitration act s 41. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 41 of the Arbitration and Conciliation Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 41 of the Arbitration and Conciliation Act come into force?

Section 41 of the Arbitration and Conciliation Act, cited as Arbitration Act 41, 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

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 18 Oct 2026. This page is not a substitute for legal advice.