Section 84: Power to make rules

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Arbitration and Conciliation Act, 1996 empowers the Central Government to make rules for carrying out the provisions of the Act, including the Arbitration Council of India rules and institutional norms.

  • Central Government Rule-Making: The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
  • Matters Covered: Includes rules governing the Fourth Schedule arbitrator fee slabs, qualifications of arbitrators, and regulations for the Arbitration Council of India under Part IA.
  • Laying Before Parliament: Rules must be laid before each House of Parliament for thirty days and are subject to modification.
  • Ensuring National Uniformity: Provides statutory uniformity for fees and institutional arbitration frameworks across India.
Key Landmark Precedents:
  • ONGC v. Saw Pipes Ltd., (2003) 5 SCC 705: Discussed the Central Government's statutory rule-making authority in structuring dispute resolution frameworks.
  • Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479: Affirmed that rules framed under Section 84 must conform to the primary object of fast-track arbitration.
Courtroom Practice & Strategic Litigation Guidance:

Check the central rules framed under Section 84, especially the model Fourth Schedule fee rules, to verify that the arbitral tribunal's fee demands conform to statutory caps.