Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

A statute other than the Arbitration and Conciliation Act, 1996 provides for the reference of certain disputes to arbitration. A party argues that Part I of the 1996 Act cannot apply to it at all. Which is the correct position under the Act?

Part I applies to arbitrations under other enactments as if the enactment were an arbitration agreement. Section 40(1), sections 41 and 43 are excluded, and so is anything inconsistent with that other enactment or its rules, under section 2(4).

  1. APart I applies to every such arbitration as if the other enactment were an arbitration agreement, except section 40(1), sections 41 and 43, and except where inconsistent with that enactment or its rulesCorrect
  2. BPart I never applies to arbitrations under other enactments
  3. CPart I applies in full without any exception
  4. DPart I applies only if the parties sign a fresh agreement

Explanation

Section 2(4) applies Part I to every arbitration under any other enactment as if that enactment were an arbitration agreement. It excepts section 40(1), sections 41 and 43, and any provisions inconsistent with that enactment or its rules. Saying it applies in full overlooks these exceptions.

Did you get it right without looking?

One question tells you little. A timed set on Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges shows your real accuracy, how long you take and where you lose marks.

Practise Arbitration under Investors' Grievances Redressal Mechanism of Stock ExchangesFree diagnostic mock

More Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges questions