(1) This Act may be called the Arbitration and Conciliation (Amendment) Act, (2) It shall be deemed to have come into force on the 23rd. PDF | This is a paper comparing the sections of the old and new Arbitration Act in light of landmark judgements of the Supreme Court of India. Arbitration and Conciliation Act, pdf - Download as PDF File .pdf), Text File .txt) or read online.
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31st December, , and is hereby published for general information: An Act to amend the Arbitration and Conciliation Act, Be it enacted by Parliament. The Arbitration and. Conciliation. (Amendment) Act, [3 of ]. The International Centre for. Alternative Dispute Resolution. Plot No. further to amend the Arbitration and Conciliation Act, dates may be appointed for different provisions of this Act and any reference in any such provision to .. Arbitration and Conciliation (Amendment) Act, shall—.
Christopher Pjunatas. The arbitrator and another arbitrator are lawyers in the same law firm. Provided that parties may. However, whether the new law will give arbitration in India the facelift it needs remains to be seen. The arbitrator has within the past three years been appointed as arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties.
Amendment 8. In section 12 of the principal Act. After section 11 of the principal Act.
Fourth Schedule. Insertion of 7. Substitution namely: Provided that parties may. For section 17 of the principal Act.
Explanation 2. In section 14 of the principal Act. Provided that while extending the period under this sub-section. In section 28 of the principal Act. After section 29 of the principal Act. Amendment In section 24 of the principal Act. Insertion of In section 23 of the principal Act. In section 25 of the principal Act.
In section 31 of the principal Act. Courts and witnesses. After section 31 of the principal Act. Provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by reappreciation of evidence.
In section 34 of the principal Act. I in sub-section 2. II after sub-section 2. III after sub-section 4. For section 36 of the principal Act. In section 57 of the principal Act.
In section 37 of the principal Act. In section 48 of the principal Act. In section 56 of the principal Act. In section 47 of the principal Act.
The arbitrator is a manager. The arbitrator is a lawyer in the same law firm which is representing one of the parties. After the Third Schedule to the principal Act. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.
The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties. Sixth Schedule and Seventh Schedule. The arbitrator is an employee. Fifth Schedule. Relationship of the arbitrator to the dispute Previous services for one of the parties or other involvement in the case The arbitrator has within the past three years served as counsel for one of the parties or an affiliate of one of the parties or has previously advised or been consulted by the party or an affiliate of the party making the appointment in an unrelated matter.
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.
The arbitrator holds shares. 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 arbitrator has previous involvement in the case. 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. 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.
The arbitrator currently serves. The arbitrator regularly advises the appointing party or an affiliate of the appointing party. The arbitrator is a legal representative of an entity that is a party in the arbitration. The arbitrator has within the past three years been appointed as arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties.
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.
The arbitrator has a significant financial interest in one of the parties or the outcome of the case. A close family member of the arbitrator has a significant financial interest in the outcome of the dispute. The arbitrator has within the past three years served as counsel against one of the parties or an affiliate of one of the parties in an unrelated matter.
Relationship between arbitrator and party and others involved in the arbitration The arbitrator holds a position in an arbitration institution with appointing authority over the dispute. Explanation 1.
The arbitrator and another arbitrator are lawyers in the same law firm. Other circumstances A close family member of the arbitrator is a partner or employee of the law firm representing one of the parties.
The arbitrator had been associated within the past three years with a party or an affiliate of one of the parties in a professional capacity. If in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases. The arbitrator was within the past three years a partner of. The New Act provides that the arbitral tribunal shall have power to grant all kinds of interim measures which a court is otherwise empowered to grant under the Principal Act, during the arbitral proceedings or at any time after making the arbitral award, but before it is enforced.
Any order issued by the arbitral tribunal for grant of interim measures shall be deemed to be an order of the court, and shall be enforceable in the same manner as if it were an order of the court, under the Code of Civil Procedure, This development empowers a tribunal considerably, given that previously interim measures granted by a tribunal could not be enforced easily, and therefore had no teeth.
Unlike the Principal Act, the New Act discourages the Court from accepting an application for interim relief following the constitution of the arbitral tribunal, unless the party seeking such relief can prove that the arbitral tribunal is unable to provide a similar effective remedy. Moreover, where a party secures an interim measure of protection from the Court prior to the commencement of arbitration proceedings, the New Act provides that the arbitration proceedings must commence within 60 days from the grant of such interim measure, or a within a time period specified by the Court, failing which the interim measure will cease to operate.
This discourages parties from using interim measures of protection as a dilatory tactic to impede arbitration proceedings. The Principal Act provides that if any action is brought before a court that is the subject matter of an arbitration agreement, the court must refer the parties to arbitration. Unlike the Principal Act, the New Act however requires the Court to satisfy itself that all parties to the said action are parties to the arbitration agreement, and that the arbitration agreement is not null and void, prima facie , before making such a referral.
Courts are thus prevented from blindly referring parties to arbitration, without ensuring that the parties will be able to get the desired relief through arbitration proceedings. The New Act extends the public policy grounds specified in the Principal Act to include the setting aside of an award if it is in conflict with morality, justice or the fundamental policy of Indian law. However, the New Act does not allow the setting aside of an international commercial award under the guise of public policy, on the grounds of a patent illegality appearing on the face of the award.
The patent illegality ground, which was outlined by the Indian Supreme Court in the controversial cases of Phulchand Export Ltd v.
Saw Pipes , has thus been reversed by the New Act, to prevent parties and courts from misusing the public policy argument to reopen the merits of a foreign arbitral award in an enforcement proceeding. The New Act amends the Principal Act to ensure neutrality of arbitrators, such that a person who is approached in connection with possible appointment of arbitrator is required to disclose the existence of any relationship or interest of any kind which is likely to give rise to justifiable doubts, in writing.
Under the enw Act, such person is also required to disclose any circumstances, which are likely to affect his ability to devote sufficient time to the arbitration and complete the arbitration within the specified period.
The New Act grants the Supreme Court of India or any authority designated by it the power to appoint a sole or third arbitrator, where the parties or co-arbitrators are unable to reach an agreement as to such appointment, or the relevant arbitral institution fails to make this appointment.
Moreover, unlike the Principal Act, the New Act provides that an application for appointment of an arbitrator or arbitrators shall be disposed of by the Supreme Court as expeditiously as possible, and an endeavour shall be made to dispose of the matter within 60 days from the date of service of notice on the opposite party.
The New Act inserts a provision whereby the arbitral tribunal must render the award within a period of twelve months from its constitution, which may be extended by a further period of six months.