What are the Differences Between the Arbitration Act of 1996 And The Previous Act?

Last Updated at: Oct 06, 2020
Anticipatory Bail
In a recent judgement the Delhi High Court held that the requirement of an express agreement in writing being required to waive the applicability of Section 12(5) of the Arbitration Act of 1996, would not be satisfied by a mere reference to the conduct of a party during proceedings, no matter how extensive or suggestive.


The basic difference between the Arbitration Act of 1940 and Arbitration Act of 1996 is that the Arbitration Act of 1940 was based upon the English Arbitration Act of 1934 which prevailed in the British. The Arbitration Act of 1940 has been replaced by the Arbitration Act of 1996. The Arbitration Act of 1996 is based upon the UNCITRAL. Because of the new enactment with reference to Arbitration Law in India, Civil Procedure Code (CPC) of 1908 has been amended and S. 89 was introduced in it. According to S. 89(1) of CPC there is an option available for the parties to settle the disputes outside the courts. It can be done only with the consent of the parties to the dispute.

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