Amendments to arbitration and conciliation act, 1996. The ordinance has substituted section 17 by a new section which ensures that an order passed by an arbitral tribunal under section 17 will now be deemed to be an order. The president promulgated the arbitration and conciliation amendment ordinance, 2015 on october 23, 2015. The ordinance is effective at once and is expected to bring more clarity and speed to the arbitration process in india. Ambiguities in arbitration and conciliation amendment. In this background, to remedy the defects the 1996 act, the president on 23 rd october, 2015 has promulgated the arbitration and conciliation amendment ordinance, 2015. The arbitration and conciliation amendment bill, 2015 bill was passed by the lok sabha indias lower house of parliament on 17 december 2015 and the rajya sabha indias upper house of parliament on 23 december 2015. At the end of 2015, therefore, parliament approved a bill which made the changes permanent, and on 31 december 2015 the arbitration and conciliation amendment act, 2015 the act became law. Readers may be aware that the president of india has promulgated a new ordinance amending the arbitration and conciliation act, 1996. Under the act, the relevant court for all arbitration matters would be a principal civil court or high court with original jurisdiction. After discussing the birth, growth, importance and the pros and cons of adr, it is now important to track the changes in its implementation and operation since the enactment of the arbitration and conciliation act, 1996 hereinafter referred to as the act the law commission had earlier recommended various amendments to.
Effect of arbitration and related court proceedings commenced before the 2015. For those who are coming across this news for the first time, please read this post. Arbitration amendment ordinance 2017 amendment ordinance the arbitration amendment bill 2016 was passed on 14 june 2017 and the amendment. The arbitration and conciliation amendment ordinance, promulgated barely a month ago, is already the subject matter of litigation. Section 26 of the arbitration and conciliation amendment act, 2015 shall be. The arbitration and conciliation amendment ordinance, 2015 which provides for less cumbersome, more costeffective, efficient and expeditious dispute resolution has been welcomed by litigants. The union cabinet chaired by the prime minister, had given its approval for amendments to the.
A webinar on the implications of the arbitration and. The said ordinance has come into force on the date of notification i. An insight into 2015 amendment act and 2018 amendment bill. Highlights of amendment to the arbitration and conciliation act. The arbitration and conciliation amendment ordinance, 2015.
Abstract the president of india promulgated the arbitration and conciliation amendment ordinance, 2015 on october 23, 2015 with a view to amend the arbitration and conciliation act, 1996. The indian arbitration and conciliation amendment act. Salient features of the arbitration and conciliation. In an attempt to make arbitration a preferred mode of settlement of commercial disputes and making india a hub of international commercial arbitration, the president of india on 23rd october 2015 promulgated an ordinance arbitration and conciliation amendment ordinance, 2015 amending the arbitration and conciliation act, 1996. Arbitration and conciliation act, 1996, updated 2019 schedules. Many of the reforms of the law commission of india have been incorporated while many have not been retained in the ordinance. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Speech delivered at the rule of law convention, 2015. The ordinance is majorly aimed at easing the business for foreign investors in india. The arbitration and conciliation amendment ordinance, 2015 was promulgated by the president of india on october 23 rd 2015. Arbitration and conciliation amendment ordinance, 2015. Be it enacted by parliament in the sixtysixth year of the republic of india as.
An act to amend the arbitration and conciliation act, 1996. Arbitration and conciliation act, 1996 by introducing the arbitration and conciliation. Be it enacted by parliament in the seventieth year of the republic of india as follows. Apar gupta, is a lawyer practicing in new delhi, india. The arbitration and conciliation amendment bill, 2015 the bill should reflect the recommendations made by the law commission in its 246th report, however, since it is futile to proceed with an analysis on the assumption that it definitely will, an indepth analysis of the bills effect must wait. In what is being termed as a significant move towards creating a more effective arbitration regime, the president of india promulgated the arbitration and conciliation amendment ordinance the ordinance on friday, october 23rd, 2015 following the recommendations of the 246 th report of the law commission of india the ordinance has with immediate effect. The arbitration and conciliation amendment bill, 2015 amendment bill was introduced in both houses of parliament in its recent session to replace the arbitration and conciliation amendment ordinance, 2015 and was subsequently passed by the lok sabha and rajya sabha on 17 th december, 2015 and on 23 rd december, 2015 respectively.
However, the arbitration and conciliation amendment ordinance, 2015 arbitration ordinance was promulgated absent a transitory provision. The ordinance amends the arbitration and conciliation act, 1996. In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted liti. Suryawanshi in a significant development for indian arbitration law, the president of india has formally adopted the arbitration and conciliation amendment ordinance 2015 the ordinance, which will bring about major and longawaited reforms to arbitration in india. Relevant court for domestic and international arbitration matters. In what is being termed as a significant move towards creating a more effective arbitration regime, the president of india promulgated the arbitration and conciliation amendment ordinance 1 the ordinance on friday, october 23rd, 2015 following the recommendations of the 246 th report of the law commission of india. Arbitration and conciliation amendment act, 2015 key amendments. The bill seeks to amend arbitration and conciliation act, 1996 to make of commercial disputes more userfriendly and cost effective which in turn will lead to expeditious disposal of cases. Both the arbitration and conciliation amendment ordinance, 2015 and the commercial courts, commercial division and commercial appellate division of high courts ordinance are an outcome of extensive reports by the law commission of india to encourage commercial dispute resolution in india through arbitration or commercial litigation.
The arbitration and conciliation amendment act, 2015. There are four major changes with respect to the interim reliefs made to the arbitration act after the promulgation of the arbitration and conciliation amendment ordinance, 2015 the, amendment ordinance. The president of india promulgated the arbitration and conciliation amendment ordinance, 2015 the ordinance on october 23, 2015 amending the arbitration and conciliation act, 1996 the act. Lok sabha passes arbitration and conciliation amendment. Arbitration has increasingly become a preferred option to settle commercial disputes globally as well as in india. With the coming in vogue of the arbitration and conciliation amendment ordinance, 2015, significant changes have been introduced in the arbitration and conciliation act, 1996, especially with respect to expediting the arbitral proceedings, and the proceedings incidental thereto. The arbitration and conciliation amendment ordinance, 2015 prs. The arbitration and conciliation amendment ordinance.
An evaluation of section 34 of the arbitration and. It was held to come into force from 23 october 2015, the date of the ordinance. The bill amends the arbitration and conciliation act, 1996. However, more clarity is needed with regard to the ambiguities in the new section 11 in particular, in relation to the scope and applicability of the fourth schedule and the model fee. Published on october 28, 2015 october 28, 2015 10 likes 1 comments. The amendment ordinance promulgated can remedy the maladies that plague commercial disputes. Arbitration ordinance 2015 the government of india decided to amend the arbitration and conciliation act, 1996 by introducing the arbitration and conciliation amendment bill, 2015 in the parliament. The arbitration and conciliation amendment act 2015. The arbitration and conciliation amendment bill, 2015 was introduced in lok sabha on december 3, 2015 by the minister for law and justice, mr. The arbitration and conciliation amendment bill, 2015. The road to the amendment in the arbitration and conciliation act. The arbitration and conciliation amendment ordinance, 2015 ordinance was promulgated by the president of india on 23 october 2015 and came into force with immediate effect.
Accordingly, the arbitration and conciliation amendment act, 2015 hereby. Pdf analysing the new arbitration and conciliation act 2015 in. Arbitration and conciliation amendment act, 2015 key changes and circumstances leading to the amendments ms. The arbitration and conciliation amendment bill, 2015 amendment bill was introduced in both houses of parliament in its recent session to replace the arbitration and conciliation amendment ordinance, 2015 passed by the lok sabha on 17th december, 2015. The ordinance is aimed at giving the necessary impetus for ease of conducting arbitration in india and amends the. The arbitration and conciliation act, 1996 26 of 1996 as amended by the arbitration and conciliation amendment act, 2015 3 of 2016 the international centre for alternative dispute resolution plot no. The arbitration and conciliation act, 1996 act has been amended by the arbitration and conciliation amendment ordinance, 2015 ordinance, promulgated by the president of india on october 23, 2015. The object that the amendment seeks to achieve is twofold. The president on 23rd october 2015 promulgated an ordinance to amend the arbitration and conciliation act, 1996.
The lok sabha passed the arbitration and conciliation amendment bill, 2015 by voice vote for speedy disposal of arbitration cases. Despite the arbitration and conciliation act, 1996 having been operative for almost two decades now, still the. Analysing the new arbitration and conciliation act 2015. Is the indian arbitration and conciliation amendment ordinance, 2015 prospective or retrospective. The 1996 act was enacted for ensuring party autonomy and minimal court intervention in.
Interim reliefs are one of the first provisions where changes made by the amendment. An act further to amend the arbitration and conciliation act, 1996. Arbitration and conciliation amendment ordinance 2015. The government of india promulgated the arbitration and conciliation amendment ordinance, 2015 amending certain provisions of the arbitration and conciliation act, 1996, it was efforts and steps to providing dispute resolution mechanism in india. The object of the amendments contained therein is to expedite the arbitration. Important features of arbitration and conciliation. Interim reliefs under the arbitration and conciliation. The material amendments made by the 2019 act are as follows.
1084 286 1210 1023 14 859 1598 1439 637 257 1466 960 1247 647 815 512 742 449 884 1137 180 47 93 313 1528 1253 39 1466 318 1224 1596 317 1516 1078 278 299 128 1305 566 384 201 1066 1229 36