Rules applicable to substance of dispute

In force Act 26 of 1996 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 26 of 1996 Cited by 2 provisions

This is a second copy of a Central Act. India Code files it on Punjab's shelf as well as under Parliament, and the text is the same enactment. Read it at The Arbitration and Conciliation Act, 1996, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 28 of the Arbitration & Conciliation Act 1996 deals with rules applicable to substance of dispute. Where the place of arbitration is situate in India,- (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;

(1) Where the place of arbitration is situate in India,- (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;
(b) in international commercial arbitration,- (i) the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute;
(ii) any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules;
(iii) failing any designation of the law under clause (a) by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.
(2) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so. 1[(3) While deciding and making an award, the arbitral tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction.]
Section 28, The Arbitration & 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 2

Questions about Section 28

What does Section 28 of the Arbitration & Conciliation Act 1996 deal with?

Section 28 of the Arbitration & Conciliation Act 1996 is headed "Rules applicable to substance of dispute". Where the place of arbitration is situate in India,- (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;

How do I find court cases under Section 28 of the Arbitration & Conciliation Act 1996?

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 & Conciliation Act 1996 28, section 28 Arbitration & Conciliation Act 1996, section 28 of the Arbitration & Conciliation Act 1996. 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 28 of the Arbitration & Conciliation Act 1996, and has it changed?

2 other provisions in this corpus refer back to it.

When was the Arbitration & Conciliation Act 1996 enacted?

Arbitration & Conciliation Act 1996 was enacted in 1996 as Act 26 of 1996. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

86. Repeal and saving13407 words
11. Appointment of arbitrators1361 words
31. Form and contents of arbitral award844 words
34. Application for setting aside arbitral award750 words
2. Definitions669 words
16. Competence of arbitral tribunal to rule on its jurisdiction589 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/e7283d27-161c-4275-922b-f30fe6390ba0.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2ec9fd35-b242-47e6-b553-8dc993ceccec/content). This page is not a substitute for legal advice.