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Section 82: Power of High Court to make rules

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 81 All 87 Sections Schedules (4th, 5th, 7th) Section 83

Legal Commentary & Landmark Judgments: Section 82

Section 82 of the Arbitration and Conciliation Act, 1996 empowers the High Court to make rules consistent with this Act as to all proceedings before the Court under this Act.

  • High Court Rule-Making Power: The High Court may make rules consistent with this Act as to all proceedings before the Court under this Act.
  • Matters Covered: Regulates procedures for Section 9 interim applications, Section 11 arbitrator appointments, Section 14 termination petitions, Section 34 challenge petitions, and Section 36 executions.
  • Subordinate to Statutory Framework: High Court rules cannot override substantive provisions of the Act or read in non-statutory grounds of challenge.
Key Landmark Precedents:
  • State of W.B. v. Associated Contractors, (2015) 1 SCC 32: The Supreme Court noted that rules framed by High Courts under Section 82 streamline the administrative procedure for entertaining arbitration petitions across original and appellate sides.
  • Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479: Affirmed that High Court rules must advance the speedy resolution objective of the 1996 Act.
Courtroom Practice & Strategic Litigation Guidance:

Consult the specific Arbitration Rules framed by your High Court under Section 82 for local filing requirements, such as mandatory pre-deposit protocols, notice formats, and affidavit templates.

Section 81 All 87 Sections Schedules (4th, 5th, 7th) Section 83