Mera Samvidhaan All of Arbitration and Conciliation Act, 1996

Part II · Chapter I · New York Convention Awards

45Power of judicial authority to refer parties to arbitration.

Section 45 · Part II · Chapter I · page 31 of the Act

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, 2[unless it prima facie finds] that the said agreement is null and void, inoperative or incapable of being performed.

2 Subs. by Act 33 of 2019, s. 11, for “unless it finds” (w.e.f. 30-8-2019).

Other provisions that mention Section 45

Section 45 of The Arbitration and Conciliation Act, 1996 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.