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  • Power of Court under Section 9 of Arbitration and Conciliation Act, 1996

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Power of Court under Section 9 of Arbitration and Conciliation Act, 1996

Jeevan  Toprani
Jeevan Toprani
  • Apr 21, 2023
  • 9 min to read
Power of Court under Section 9 of Arbitration and Conciliation Act, 1996 Toprani

Introduction The Arbitration and Conciliation Act, 1996 is a piece of Indian legislation that governs arbitration and conciliation proceedings in India. This Act provides for the institution and enforcement of arbitration agreements, and the resolution of disputes through arbitration and conciliation. Section 9 of the Act provides for the power of court. This section states that in certain circumstances, the court has the power to intervene in arbitration proceedings. This power of court is an important part of the Act as it enables the court to ensure that the proceedings are conducted in a fair and just manner. The Power of Court Under Section 9 of the Act The power of court under Section 9 of the Arbitration and Conciliation Act, 1996 is an important feature of the Act. This section provides that the court has the power to intervene in arbitration proceedings in certain circumstances. The section states that the court may make orders for the appointment of an arbitrator, for the termination of an arbitration agreement, for the determination of the jurisdiction of the arbitrator, for the appointment of a guardian for a minor or a person of unsound mind, or for any other matter connected with the arbitration agreement or arbitration proceedings. The power of court under Section 9 is provided in order to ensure that the arbitration proceedings are conducted in a fair and just manner. It provides the court with the power to intervene in the proceedings if the parties do not abide by the arbitration agreement, or if the proceedings are not carried out in accordance with the rules of natural justice. The court has the power to make orders for the appointment of an arbitrator, if the parties are unable to agree on the appointment of an arbitrator. The court may also make orders for the termination of an arbitration agreement, if the parties are unable to agree on the terms of the agreement. Furthermore, the court may make orders for the determination of the jurisdiction of the arbitrator, if the parties are unable to agree on the scope of the arbitration. The court may also make orders for the appointment of a guardian for a minor or a person of unsound mind, if the parties are unable to agree on the appointment of a guardian. The power of court under Section 9 is an important feature of the Act as it enables the court to ensure that the arbitration proceedings are conducted in a fair and just manner. This power of court also enables the court to intervene in the proceedings if the parties do not abide by the arbitration agreement, or if the proceedings are not carried out in accordance with the rules of natural justice. Conclusion The power of court under Section 9 of the Arbitration and Conciliation Act, 1996 is an important feature of the Act. This section provides the court with the power to intervene in the proceedings if the parties do not abide by the arbitration agreement, or if the proceedings are not carried out in accordance with the rules of natural justice. The court has the power to make orders for the appointment of an arbitrator, for the termination of an arbitration agreement, for the determination of the jurisdiction of the arbitrator, and for the appointment of a guardian for a minor or a person of unsound mind. This power of court is important in order to ensure that the arbitration proceedings are conducted in a fair and just manner.

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Jeevan  Toprani
Jeevan Toprani

Business savvy, management and legal expert with twenty one plus years of legal risk management for businesses and leading complex change initiatives for Fortune 500 companies in diverse industries implementing legal business processes with Cyber and IOT transactions, Big Data and Embedded framework for enforcement. Assisting on all aspects of the commercialization and protection of IP rights; Front end work including patents, trademarks, designs, copyright, commercial contracts, licensing.

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Sophie Asveld

February 14, 2019

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Sophie Asveld

February 14, 2019

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