{"id":9032,"date":"2026-10-04T11:00:00","date_gmt":"2026-10-04T11:00:00","guid":{"rendered":"https:\/\/internationaltradelaw.org\/new\/?p=9032"},"modified":"2026-10-04T11:00:00","modified_gmt":"2026-10-04T11:00:00","slug":"section-45-arbitration-act-after-2019-amendment","status":"publish","type":"post","link":"https:\/\/internationaltradelaw.org\/new\/section-45-arbitration-act-after-2019-amendment\/","title":{"rendered":"Section 45 of the Arbitration Act after the 2019 Amendment"},"content":{"rendered":"\n

Section 45 of the Arbitration and Conciliation Act, 1996 sits in Part II of the Act, which gives effect to the New York Convention. It deals with a familiar situation: a party to an international arbitration agreement is sued in an Indian court on the very matter it agreed to arbitrate.<\/p>\n\n\n\n

The referral obligation<\/h2>\n\n\n\n

Where the agreement falls within the New York Convention, the judicial authority must, at the request of a party or a person claiming through or under it, refer the parties to arbitration, unless the agreement is null and void, inoperative or incapable of being performed. The provision mirrors Article II(3) of the Convention.<\/p>\n\n\n\n

Infographic<\/p>

Section 45 at a glance<\/div>
Referral to New York Convention arbitration<\/div><\/figcaption>
Before the 2019 amendment<\/div>
The court refers parties to arbitration “unless it finds” the agreement null and void, inoperative or incapable of being performed.<\/div><\/div>
After the 2019 amendment<\/div>
The court refers parties to arbitration “unless it prima facie<\/b> finds” the agreement null and void, inoperative or incapable of being performed.<\/div><\/div><\/div><\/figure>\n\n\n\n

What the 2019 amendment changed<\/h2>\n\n\n\n

The Arbitration and Conciliation (Amendment) Act, 2019 substituted the words “unless it finds” with “unless it prima facie finds”. The court’s review of the agreement at the referral stage is therefore a preliminary one, leaving fuller examination of objections to the arbitral tribunal. The change aligns Section 45 with the pro-arbitration approach taken for domestic referrals under Section 8.<\/p>\n\n\n\n

Practical implications<\/h2>\n\n\n\n