Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, [unless it prima facie finds] that the said agreement is null and void, inoperative or incapable of being performed.
Section 45: Power of judicial authority to refer parties to arbitration.
The Arbitration and Conciliation Act, 1996Central Act · Act 26 of 1996
Where this provision sits
| Act | The Arbitration and Conciliation Act, 1996 |
|---|---|
| Section | 45 |
| Marginal note | Power of judicial authority to refer parties to arbitration. |
| Jurisdiction | Central |
| Status | In force as published by the source |
| Judgments citing it | 29 |
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
- substituted, Act 33 of 2019. . Subs. by Act 33 of 2019, s. 11, for "unless it finds" (w.e.f. 30-8-2019).
Judgments that turned on this provision
- A/4720/2025 of Owners and Parties interested in the Motor Tug MT INTAN T Vs NILA LOGISTICS LLPMadras High Court · 2026-01-29
- COX AND KINGS LTD. vs SAP INDIA PVT. LTD.Supreme Court of India · 2022-05-06
- AP/226/2019 of MAGMA FINCORP LIMITED Vs KARUNA SHANKAR AND ANR.Calcutta High Court · 2021-09-09
- APP/137/2016 of JUPITER DYECHEM PVT LTD AND ANR Vs SONGA SHIPPING PTE LTD AND ANRBombay High Court · 2018-02-13
- SASAN POWER LIMITED vs NORTH AMERICAN COAL CORPORATION INDIA PRIVATE LIMITEDSupreme Court of India · 2016-03-24
- WORLD SPORT GROUP (MAURITIUS) LTD. vs MSM SATELLITE(SINGAPORE) PTE. LTD.Supreme Court of India · 2014-01-24
- SHIN-ETSU CHEMICAL CO. LTD. & ORS. vs VINDHYA TELELINKS LTD. & ORS.Supreme Court of India · 2009-03-27
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