Lien on arbitral award and deposits as to costs
Section 39 of the Arbitration & Conciliation Act 1996 deals with lien on arbitral award and deposits as to costs. Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
(1) Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
(2) If in any case an arbitral tribunal refuses to deliver its award except on payment of the costs demanded by it, the Court may, on an application in this behalf, order that the arbitral tribunal shall deliver the arbitral award to the applicant on payment into Court by the applicant of the costs demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitral tribunal by way of costs such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant.
(3) An application under sub-section (2) may be made by any party unless the fees demanded have been fixed by written agreement between him and the arbitral tribunal, and the arbitral tribunal shall be entitled to appear and be heard on any such application.
(4) The Court may make such orders as it thinks fit respecting the costs of the arbitration where any question arises respecting such costs and the arbitral award contains no sufficient provision concerning them.
Section 39, The Arbitration & Conciliation Act 1996 (Act 26 of 1996).
Questions about Section 39
What does Section 39 of the Arbitration & Conciliation Act 1996 deal with?
Section 39 of the Arbitration & Conciliation Act 1996 is headed "Lien on arbitral award and deposits as to costs". Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
How do I find court cases under Section 39 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 39, section 39 Arbitration & Conciliation Act 1996, section 39 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.
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
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