Section 18 in The Arbitration And Conciliation Act, 1996
18. Equal treatment of parties.
- The parties shall be treated with equality and each party shall
Section 18 in The Arbitration Act, 1940
18. Power of Court to pass interim orders .-(1) Notwithstanding anything contained in section 17, at any time
Section 18 .
(iii) Section 18(1) and 18(4) have a non obstante clause, whereas Section
18(2) , 18(3) and 18 ... arbitration agreement referred to in sub-section (1) of Section 7 of the
Arbitration Act, 1996. Sub-section (4) of Section 18 again starts with
could not be referred to arbitration contrary to the
arbitration agreement entered into between them. He submitted that
Section 18(3) of the Act only ... between the arbitration
agreement and section 18(3) of the Act; Section 18(3) contemplates only
an institutional arbitration and not an ad hoc arbitration
passed under sub-section (2) of Section 18 , or an award was
passed under Sub-section (3) of Section 18 ... reference
stage under Section 18(1) or conciliation stage under Section 18(2) or in an
adjudicatory stage under Section 18(3) . There is nothing
Issue D: Section 21 of the ACA does not have relevance as
conciliation and arbitration are statutorily provided under
Section 18 when a supplier makes ... 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
Section 80 of the Arbitration Act, 1996 is
applicable to conciliation as well as arbitration proceedings
under sub-sections (2) and (3) of Section 18 ... Section
65 to Section 81 thereof. Immediately thereafter, sub-
39
section (3) of Section 18 introduces an absolutely novel
procedure allowing the commencement of arbitration
such
arbitration as if it was in pursuance of an arbitration agreement referred to in sub-
section (1) of Section 7 of the Arbitration ... such
arbitration was in pursuance of the arbitration agreement referred to in sub-section
(1) of Section 7 of the Arbitration Act, 1996 and then
arbitration in pursuance to an arbitration agreement under Section
7(1) of the Arbitration Act. Section 18 of the MSMED Act provides
thus :
18. Reference ... under section 18(1) of MSMED Act and hence, the mechanism envisaged
under section 18 has not been triggered. The provisions of Section 18
been filed under Section 11(6)(c) of the
Arbitration and Conciliation Act, 1996 (" Arbitration Act "), read with
Section 18 ... parties to arbitration under Section 11(6) of
the Arbitration Act.
4.4. It is settled that once the mechanism under Section 18