Arbitration and Conciliation Act Section 45 — Power of judicial authority to refer parties to arbitration

CHAPTER I — New York Convention Awards

Civil

Summary

This section applies even if something in Part I of the Act or the Code of Civil Procedure says otherwise. When a court or other judicial authority is dealing with a case that falls under an arbitration agreement covered by section 44, it must, if asked by one of the parties or someone claiming through that party, send the parties to arbitration.

The only exception is if the judicial authority finds, on a preliminary look, that the arbitration agreement is null and void, inoperative, or incapable of being performed. In that situation, it does not have to refer the parties to arbitration.

Official Text

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, 2[unless it prima facie finds] that the said agreement is null and void, inoperative or incapable of being performed.