Section45
The Arbitration & Conciliation Act 1996

Power of judicial authority to refer parties to arbitration

In force Act 26 of 1996 As on 17 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 1 provision

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 45 of the Arbitration & Conciliation Act 1996 deals with power of judicial authority to refer parties to arbitration. Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person cla

Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.

Section 45, 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.

This section refers to

  1. s. 44 Definition

Referred to by 1

  1. s. 50 Appealable orders

Questions about Section 45

What does Section 45 of the Arbitration & Conciliation Act 1996 deal with?

Section 45 of the Arbitration & Conciliation Act 1996 is headed "Power of judicial authority to refer parties to arbitration". Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person cla

How do I find court cases under Section 45 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 45, section 45 Arbitration & Conciliation Act 1996, section 45 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 45 of the Arbitration & Conciliation Act 1996, and has it changed?

Its own text turns on section 44 (Definition), so none of them can safely be read on its own. 1 other provision in this corpus refers 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

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.