Section 2 in Jammu and Kashmir Arbitration and Conciliation Act, 1997
2. Definitions.
(1)In this part unless the context otherwise requires,-(a)"arbitration" means any arbitration whether or not administered by permanent arbitral institution;(b)"arbitration agreement" means an agreement referred to in section 7;(c)"arbitral award" includes an interim award;(d)"arbitral tribunal" means a sole arbitrator or a penal of arbitrators;(e)"Court" means the Principal Court of original jurisdiction in a district and includes the High Court in exercise of its ordinary original civil jurisdiction having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court or any Court of Small Causes;(f)"legal representative" means a person who in law represents the estate of a deceased person, and includes any person who inter meddles with the estate of the deceased and, whereas party sets in a representative character, the person on whom the estate devolves on the death of the party so acting;(g)"party" means a party to an arbitration agreement.(2)This part shall not affect any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration.(3)This part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement except in so far as the provisions of this part are inconsistent with that other enactment or with any rules made thereunder.(4)Subject to the provisions of sub-section (2) and save in so far as is otherwise provided by any law for the time being in force, this part shall apply to all arbitrations and to all proceedings relating thereto.(5)Where this part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to determine that issue.(6)An arbitral award made under this part shall be considered as a domestic award.(7)Where this part,(a)refers to the fact that the parties have agreed or that they may agree;or(b)in any other way refers to an agreement of the parties;that agreement shall include any arbitration rules referred to in that agreement.(8)Where this part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to claim, it shall also apply to a defence to that counterclaim.
