The Arbitration and Conciliation Act, 1996

THE FIRST SCHEDULE

(See section 44)

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

ARTICLE 1

1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the

territory of a State other than the State where the recognition and enforcement of such awards are sought,

and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral

awards not considered as domestic awards in the State where their recognition and enforcement are

sought.

2. The term “arbitral awards” shall include not only awards made by arbitrators appointed for each

case but also those made by permanent arbitral bodies to which the parties have submitted.

3. When signing, ratifying or acceding to this Convention, or notifying extension under article X

hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the

recognition and enforcement of awards made only in the territory of another Contracting State. It may

also declare that it will apply the Convention only to differences arising out of legal relationships,

whether contractual or not, which are considered as commercial under the national law of the State

making such declaration.

ARTICLE II

1. Each Contracting State shall recognise an agreement in writing under which the parties undertake

to submit to arbitration all or any differences which have arisen or which may arise between them in

respect of defined legal relationship, whether contractual or not, concerning a subject-matter capable of

settlement by arbitration.

2. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration

agreement, signed by the parties or contained in an exchange of letters or telegrams.

3. The court of a Contracting State, when seized of an action in a matter in respect of which the

parties have made an agreement within the meaning of this article, shall, at the request of one of the

parties, refer the parties to arbitration, unless in finds that the said agreement is null and void, inoperative

of incapable of being performed.

ARTICLE III

Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance

with the rules of procedure of the territory where the award is relied upon, under the conditions laid down

in the following articles. There shall not be imposed substantially more onerous conditions or higher fees

or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are

imposed on the recognition or enforcement of domestic arbitral awards.

ARTICLE IV

1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying

for recognition and enforcement shall, at the time of the application, supply—

(a) the duly authenticated original award or a duly certified copy thereof;

(b) the original agreement referred to in article II or a duly certified copy thereof.

2. If the said award or agreement is not made in an official language of the country in which the

award is relied upon, the party applying for recognition and enforcement of the award shall produce a

translation of these documents into such language. The translation shall be certified by an official or

sworn translator or by a diplomatic or consular agent.

ARTICLE V

1. Recognition and enforcement of the award may be refused, at the request of the party against

whom it is invoked, only if that party furnishes to the competent authority where the recognition and

enforcement is sought, proof that—

(a) the parties to the agreement referred to in article II were, under the law applicable to them,

under some incapacity, or the said agreement is not valid under the law to which the parties have

subjected it or, failing any indication thereon, under the law of the country where the award was

made; or

(b) the party against whom the award is invoked was not given proper notice of the appointment

of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or

(c) the award deals with a difference not contemplated by or not falling within the terms of the

submission to arbitration, or it contains decisions on matters beyond the scope of the submission to

arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from

those not so submitted, that part of the award which contains decisions on matters submitted to

arbitration may be recognised and enforced; or

(d) the composition of the arbitral authority or the arbitral procedure was not in accordance with

the agreement of the parties, or, failing such agreement, was not in accordance with the law of the

country where the arbitration took place; or

(e) the award has not yet become binding on the parties, or has been set aside or suspended by a

competent authority of the country in which, or under the law of which, that award was made.

2.  Recognition and enforcement of an arbitral award may also be refused if the competent authority

in the country where recognition and enforcement is sought finds that—

(a) the subject-matter of the difference is not capable of settlement by arbitration under the law of

that country; or

(b) the recognition or enforcement of the award would be contrary to the public policy of that

country.

ARTICLE VI

If an application for the setting aside or suspension of the award has been made to a competent

authority referred to in article V(1) (e), the authority before which the award is sought to be relied upon

may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the

application of the party claiming enforcement of the award, order the other party to give suitable security.

ARTICLE VII

1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral

agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting

States nor deprive any interested party of any right he may have to avail himself of an arbitral award in

the manner and to the extent allowed by the law or the treaties of the country where such award is sought

to be relied upon.

2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution

of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their

becoming bound and to the extent that they become bound by this Convention.

ARTICLE VIII

1. This Convention shall be open until 31st December, 1958 for signature on behalf of any Member of

the United Nations and also on behalf of any other State which is or hereafter becomes member of any

specialised agency of the United Nations, or which is or hereafter becomes a party to the Statute of the

International Court of Justice, or any other State to which an invitation has been addressed by the General

Assembly of the United Nations.

2. This Convention shall be ratified and the instrument of ratification shall be deposited with the

Secretary-General of the United Nations.

ARTICLE 1X

1. This Convention shall be open for accession to all States referred to in article VIII.

2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General

of the United Nations.

ARTICLE X

1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall

extend to all or any of the territories for the international relations of which it is responsible. Such a

declaration shall take effect when the Convention enters into force for the State concerned.

2. At any time thereafter any such extension shall be made by notification addressed to the

Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of

receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry

into force of the Convention for the State concerned, whichever is the later.

3. With respect to those territories to which this Convention is not extended at the time of signature,

ratification or accession, each State concerned shall consider the possibility of taking the necessary steps

in order to extend the application of this Convention to such territories, subject, where necessary for

constitutional reasons, to the consent of the Governments of such territories.

ARTICLE XI

In the case of a federal or non-unitary State, the following provisions shall apply:—

(a) with respect of those articles of this Convention that come within the legislative jurisdiction of

the federal authority, the obligations of the federal Government shall to this extent be the same as

those of Contracting States which are not federal States;

(b) with respect to those articles of this Convention that come within the legislative jurisdiction of

constituent States or provinces which are not, under the constitutional system of the federation, bound

to take legislative action, the federal Government shall bring such articles with a favourable

recommendation to the notice of the appropriate authorities of constituent States or provinces at the

earliest possible moment;

(c) a federal State Party to this Convention shall, at the request of any other Contracting State

transmitted through the Secretary-General of the United Nations, supply a statement of the law and

practice of the federation and its constituent units in regard to any particular provision of this

Convention, showing the extent to which effect has been given to that provision by legislative or

other action.

ARTICLE XII

1. This Convention shall come into force on the ninetieth day following the date of deposit of the

third instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the deposit of the third instrument of

ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such

State of its instrument of ratification or accession.

ARTICLE XIII

1. Any Contracting State may denounce this Convention by a written notification to the

Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt

of the notification by the Secretary-General.

2. Any State which has made a declaration or notification under article X may, at any time thereafter,

by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to

extend to the territory concerned one year after the date of the receipt of the notification by the

Secretary-General.

3. This Convention shall continue to be applicable to arbitral awards in respect of which recognition

or enforcement proceedings have been instituted before the denunciation takes effect.

ARTICLE XIV

A Contracting State shall not be entitled to avail itself of the present Convention against other

Contracting States except to the extent that it is itself bound to apply the Convention.

ARTICLE XV

The Secretary-General of the United Nations shall notify the States contemplated in article VIII of the

following:—

(a) signatures and ratifications in accordance with article VIII;

(b) accessions in accordance with article IX;

(c) declarations and notifications under articles I, X and XI;

(d) the date upon which this Convention enters into force in accordance with article XII;

(e) denunciations and notifications in accordance with article XIII.

ARTICLE XVI

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be

equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to

the States contemplated in article XIII.

THE SECOND SCHEDULE

(See section 53)

PROTOCOL ON ARBITRATION CLAUSES

The undersigned, being duly authorised, declare that they accept, on behalf of the countries which

they represent, the following provisions:—

1. Each of the Contracting States recognises the validity of an agreement whether relating to existing

or future differences between parties subject respectively to the jurisdiction of different Contracting States

by which the parties to a contract agree to submit to arbitration all or any differences that may arise in

connection with such contract relating to commercial matters or to any other matter capable of settlement

by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the

parties is subject.

Each Contracting State reserves the right to limit the obligation mentioned above to contracts which

are considered as commercial under its national law. Any Contracting State which avails itself of this

right will notify the Secretary-General of the League of Nations in order that the other Contracting States

may be so informed.

2. The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the

will of the parties and by the law of the country in whose territory the arbitration takes place.

The Contracting States agree to facilitate all steps in the procedure which require to be taken in their

own territories, in accordance with the provisions of their law governing arbitral procedure applicable to

existing differences.

3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with

the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.

4. The Tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made

between persons to whom Article I applies and including an Arbitration Agreement whether referring to

present or future differences which is valid in virtue of the said article and capable of being carried into

effect, shall refer the parties on the application of either of them to the decision of the Arbitrators.

Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or

the arbitration cannot proceed or becomes inoperative.

5. The present Protocol, which shall remain open for signature by all States, shall be ratified. The

ratification shall be deposited as soon as possible with the Secretary-General of the League of Nations,

who shall notify such deposit to all the Signatory States.

6. The present Protocol will come into force as soon as two ratifications have been deposited.

Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the

Secretary-General of the deposit of its ratification.

7. The present Protocol may be denounced by any Contracting State on giving one year's notice.

Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who

will immediately transmit copies of such notification to all the other Signatory States and inform them of

the date on which it was received. The denunciation shall take effect one year after the date on which it

was notified to the Secretary-General, and shall operate only in respect of the notifying State.

8. The Contracting States may declare that their acceptance of the present Protocol does not include

any or all of the undermentioned territories: that is to say, their colonies, overseas possessions or

territories, protectorates or the territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory thus excluded. The

Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He

shall notify such adhesions to all Signatory States. They will take effect one month after the notification

by the Secretary-General to all Signatory States.

The Contracting States may also denounce the Protocol separately on behalf of any of the territories

referred to above. Article 7 applies to such denunciation.

THE THIRD SCHEDULE

(See section 53)

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

ARTICLE 1.—(1) In the territories of any High Contracting Party to which the  present Convention

applies, an arbitral award made in pursuance of an agreement whether relating to existing or future

differences (hereinafter called “a submission to arbitration”) covered by the Protocol on Arbitration

Clauses opened at Geneva on September 24th, 1923, shall be recognised as binding and shall be enforced

in accordance with the rules of the procedure of the territory where the award is relied upon, provided that

the said award has been made in a territory of one of the High Contracting Parties to which the present

Convention applies and between persons who are subject to the jurisdiction of one of the High

Contracting Parties.

(2) To obtain such recognition or enforcement, it shall, further, be necessary:—

(a) that the award has been made in pursuance of a submission to arbitration which is valid under

the law applicable thereto;

(b) that the subject-matter of the award is capable of settlement by arbitration under the law of the

country in which the award is sought to be relied upon;

(c) that the award has been made by the Arbitral Tribunal provided for in the submission to

arbitration or constituted in the manner agreed upon by the parties and in conformity with the law

governing the arbitration procedure;

(d) that the award has become final in the country in which it has been made, in the sense that it

will not be considered as such if it is open to opposition, appeal or pourvoi en cassation

(in the countries where such forms of procedure exist) or if it is proved that any proceedings for the

purpose of contesting the validity of the award are pending;

(e) that the recognition or enforcement of the award is not contrary to the public policy or to the

principles of the law of the country in  which it is sought to be relied upon.

ARTICLE 2.—Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and

enforcement of the award shall be refused if the Court is satisfied:—

(a) that the award has been annulled in the country in which it was made;

(b) that the party against whom it is sought to use the award was not given notice of the

arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal

incapacity, he was not properly represented;

(c) that the award does not deal with the differences contemplated by or falling within the terms

of the submission to arbitration or that it contains decisions on matters beyond the scope of the

submission to arbitration.

If the award has not covered all the questions submitted to the arbitral tribunal, the competent

authority of the country where recognition or enforcement of the award is sought can, if it thinks fit,

postpone such recognition or enforcement or grant it subject to such guarantee as that authority may

decide.

ARTICLE 3.—If the party against whom the award has been made proves that, under the law

governing the arbitration procedure, there is a ground, other than the grounds referred to in

Article 1(a) and (c), and Article 2(b) and (c), entitling him to contest the validity of the award in a Court

of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the

consideration thereof, giving such party a reasonable time within which to have the award annulled by the

competent tribunal.

ARTICLE 4.—The party relying upon an award or claiming its enforcement must supply, in

particular: —

(1) the original award or a copy thereof duly authenticated, according to the requirements of the

law of the country in which it was made;

(2) documentary or other evidence to prove that the award has become final, in the sense defined

in Article 1(d), in the country in which it was made;

(3) when necessary, documentary or other evidence to prove that the conditions laid down in

Article 1, paragraph (1) and paragraph (2) (a) and (c), have been fulfilled.

A translation of the award and of the other documents mentioned in this Article into the official

language of the country where the award is sought to be relied upon may be demanded. Such translations

must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to

rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied

upon.

ARTICLE 5.—The provisions of the above Articles shall not deprive any interested party of the right

of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties

of the country where such award is sought to be relied upon.

ARTICLE 6.—The present Convention applies only to arbitral awards made after the coming into

force of the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923.

ARTICLE 7.—The present Convention, which will remain open to the signature of all the signatories

of the Protocol of 1923 on Arbitration Clauses, shall have been ratified.

It may be ratified only on behalf of those Members of the League of Nations and Non-Member States

on whose behalf the Protocol of 1923 shall have been ratified.

Ratification shall be deposited as soon as possible with the Secretary-General of the League of

Nations, who will notify such deposit to all the signatories.

ARTICLE 8.—The present Convention shall come into force three months after it shall have been

ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High

Contracting Party, three months after the deposit of the ratification on its behalf with the

Secretary-General of the League of Nations.

ARTICLE 9.—The present Convention may be denounced on behalf of any Member of the League or

Non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of

Nations, who will immediately send a copy thereof, certified to be in conformity with the notifications, to

all the other Contracting Parties, at the same time informing them of the date on which he received it.

The denunciation shall come into force only in respect of the High Contracting Party which shall have

notified it and one year after such notification shall have reached the Secretary-General of the League of

Nations.

The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of

the present Convention.

ARTICLE 10.—The present Convention does not apply to the colonies, protectorates or territories

under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.

The application of this Convention to one or more of such colonies, protectorates or territories to

which the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923, applies, can be

effected at any time by means of a declaration addressed to the Secretary-General of the League of

Nations by one of the High Contracting Parties.

Such declaration shall take effect three months after the deposit thereof.

The High Contracting Parties can at any time denounce the Convention for all or any of the colonies,

protectorates or territories referred to above. Article 9 hereof applied to such denunciation.

ARTICLE 11.—A certified copy of the present Convention shall be transmitted by the

Secretary-General of the League of Nations of every Member of the League of Nations and to every

Non-Member State which signs the same.

1[THE FOURTH SCHEDULE

[See section 11(14)]

Sum in dispute Model fee

Up to Rs. 5,00,000 Rs. 45,000

Above Rs. 5,00,000 and up to Rs. 20,00,000 Rs. 45,000 plus 3.5 per cent. of the claim amount

over and above Rs. 5,00,000

Above Rs. 20,00,000 and up to Rs. 1,00,00,000 Rs. 97,500 plus 3 per cent. of the claim amount

over and above Rs. 20,00,000

Above Rs. 1,00,00,000 and up to

Rs. 10,00,00,000

Rs. 3,37,500 plus 1 per cent. of the claim amount

over and above Rs. 1,00,00,000

Above Rs. 10,00,00,000 and up to

Rs. 20,00,00,000

 Rs. 12,37,500 plus 0.75 per cent. of the claim

amount over and above Rs. 1,00,00,000

Above Rs. 20,00,00,000 Rs. 19,87,500 plus 0.5 per cent. of the claim

amount over and above Rs. 20,00,00,000 with a

ceiling of Rs. 30,00,000

Note:—In the event, the arbitral tribunal is a sole arbitrator, he shall be entitled to an additional amount of

twenty-five per cent. on the fee payable as per the table set out above.

1. Ins. by Act 3 of 2016, s. 25 (w.e.f.23-10-2015).

THE FIFTH SCHEDULE

[See section 12(1) (b)]

The following grounds give rise to justifiable doubts as to the independence or impartiality of

arbitrators:

Arbitrator’s relationship with the parties or counsel

1. The arbitrator is an employee, consultant, advisor or has any other past or present business

relationship with a party.

2. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.

3. The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties.

4. The arbitrator is a lawyer in the same law firm which is representing one of the parties.

5. The arbitrator is a manager, director or part of the management, or has a similar controlling

influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in

the arbitration.

6. The arbitrator’s law firm had a previous but terminated involvement in the case without the

arbitrator being involved himself or herself.

7. The arbitrator’s law firm currently has a significant commercial relationship with one of the parties

or an affiliate of one of the parties.

8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even

though neither the arbitrator nor his or her firm derives a significant financial income therefrom.

9. The arbitrator has a close family relationship with one of the parties and in the case of companies

with the persons in the management and controlling the company.

10. A close family member of the arbitrator has a significant financial interest in one of the parties or

an affiliate of one of the parties.

11. The arbitrator is a legal representative of an entity that is a party in the arbitration.

12. The arbitrator is a manager, director or part of the management, or has a similar controlling

influence in one of the parties.

13. The arbitrator has a significant financial interest in one of the parties or the outcome of the case.

14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the

arbitrator or his or her firm derives a significant financial income therefrom.

Relationship of the arbitrator to the dispute

15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an

affiliate of one of the parties.

16. The arbitrator has previous involvement in the case.

Arbitrator’s direct or indirect interest in the dispute

17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one

of the parties that is privately held.

18. A close family member of the arbitrator has a significant financial interest in the outcome of the

dispute.

19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party

who may be liable to recourse on the part of the unsuccessful party in the dispute.

THE SIXTH SCHEDULE

[See section 12(1) (b)]

NAME:

CONTACT DETAILS:

PRIOR EXPERIENCE (INCLUDING EXPERIENCE WITH ARBITRATIONS):

NUMBER OF ONGOING ARBITRATIONS:

CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR

INTEREST IN ANY OF THE PARTIES OR IN RELATION TO THE SUBJECT-MATTER IN

DISPUTE, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS

LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO YOUR INDEPENDENCE OR

IMPARTIALITY (LIST OUT):

CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE

SUFFICIENT TIME TO THE ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH

THE ENTIRE ARBITRATION WITHIN TWELVE MONTHS (LIST OUT):

THE SEVENTH SCHEDULE

[See section 12(5)]

Arbitrator’s relationship with the parties or counsel

1. The arbitrator is an employee, consultant, advisor or has any other past or present business

relationship with a party.

2. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.

3. The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties.

4. The arbitrator is a lawyer in the same law firm which is representing one of the parties.

5. The arbitrator is a manager, director or part of the management, or has a similar controlling

influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in

the arbitration.

6. The arbitrator’s law firm had a previous but terminated involvement in the case without the

arbitrator being involved himself or herself.

7. The arbitrator’s law firm currently has a significant commercial relationship with one of the parties

or an affiliate of one of the parties.

8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even

though neither the arbitrator nor his or her firm derives a significant financial income therefrom.

9. The arbitrator has a close family relationship with one of the parties and in the case of companies

with the persons in the management and controlling the company.

10. A close family member of the arbitrator has a significant financial interest in one of the parties or

an affiliate of one of the parties.

11. The arbitrator is a legal representative of an entity that is a party in the arbitration.

12. The arbitrator is a manager, director or part of the management, or has a similar controlling

influence in one of the parties.

13. The arbitrator has a significant financial interest in one of the parties or the outcome of the case.

14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the

arbitrator or his or her firm derives a significant financial income therefrom.

Relationship of the arbitrator to the dispute

15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an

affiliate of one of the parties.

16. The arbitrator has previous involvement in the case.

Arbitrator’s direct or indirect interest in the dispute

17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one

of the parties that is privately held.

18. A close family member of the arbitrator has a significant financial interest in the outcome of the

dispute.

19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party

who may be liable to recourse on the part of the unsuccessful party in the dispute.

Explanation 1.—The term “close family member” refers to a spouse, sibling, child, parent or life

partner.

Explanation 2.—The term “affiliate” encompasses all companies in one group of companies including

the parent company.

Explanation 3.—For the removal of doubts, it is clarified that it may be the practice in certain specific

kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small,

specialised pool. If in such fields it is the custom and practice for parties frequently to appoint the same

arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out

above.]

[THE EIGHTH SCHEDULE.] Omitted by the Arbitration and Conciliation (Amendment) Act, 2021 (3 of

2021), s. 4 (w.e.f. 4-11-2020).