Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : September 20, 2015 | Author : Khushbusahu
Category : Arbitration | Total Views : 5613 | Rating :

I am Khushbu Sahu, Advocate presently practicing in Hon'ble Supreme Court of India And Delhi High Court.

The Arbitration and Conciliation (Amendment) Bill, 2015

The 2015 Budget Session of the Houses of Parliament commenced on 23rdFebruary. The legislative agenda for the session includes a number of bills including the Arbitration and Conciliation (Amendment) Bill, 2015 (“Bill”). In December, the union cabinet approved an ordinance regarding the amendment of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) but, the same was withdrawn before it received presidential assent, and was instead decided that it would be tabled before Parliament. The contents of the Bill or that of the Ordinance have not been revealed to the public as of yet, and the specifics of its contents remain unknown.

It stands that 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 in-depth analysis of the Bill’s effect must wait. Still, the Law and Justice Minister (“Law Minister”), Mr. D.V. Sadananda Gowda, has alluded to the Bills’ contents viz. the time bound disposal of matters, the imposition of a verdict based fee structure as opposed to the prevalent hearing based one, and a cap on the overall fees (perhaps to incentivize speedy disposal of matters).

The Government aims for the amendments to the Arbitration Act to function in conjunction with other legislations and policies, namely, a national litigation policy focusing on transparency and, the setting up of specialised commercial courts and benches. However, both of these are still just proposed by the Law Minister. The policy is yet to be formulated and, the legislative agenda of the current session of Parliament does not contain any specific legislation to set up the specialised courts.

The motivation of the Government in amending the Arbitration Act, and in bringing adjacent changes thereto, is to make India a more attractive destination for commercial arbitration, as well as to compete with the likes of Singapore and London as hubs of international commercial hub. The other causa proxima for the amendment is India’s abysmal ranking in the World Bank’s Ease of Doing Business Index released in 2014 (142 out of 189 countries) and the Prime Minister’s effort to better it.

The current status of the Bill is that Union Cabinet has given its nod for amendments to the Arbitration and Conciliation Bill, 2015. These amendments seek to make of commercial disputes more user-friendly and cost effective which in turn will lead to expeditious disposal of cases. Key Provisions of Bill Mandatory for arbitrators to settle disputes within 12 months. This period can be extended by 6 months only by a court on sufficient cause. Cut the fees of arbitrators if the court finds that the delay has been caused due to arbitrators. Rewarding arbitrators with extra fees in case the matter is disposed of within 6 months and the parties agree to pay more. Empower arbitration tribunals to grant all kinds of interim measures that courts provide.

Thus, giving more teeth to them in order to make tribunals directives enforceable in the same manner as those of courts. The amendments to this Bill are based on the Law Commission’s recommendations and suggestions received from stakeholders. Law Commission of India (LCI) in its 246th Report had recommended various amendments in Arbitration and Conciliation Act, 1996 in order to pave way for India to become a hub of International Commercial Arbitration.. Whether the Bill will bring about substantial change or will be whittled down to a pale reflection of what it ought to be by the rigours of parliamentary debate remains to be seen. But, rest assured we will be there to analyse the developments as and when they take place.

The author can be reached at: khushbusahu@legalserviceindia.com

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Arbitration category
Arbitral Award Its Challenge & Enforcement
Principles & Procedure of conciliation under Arbitration & Conciliation Act 1996
validity of foreign arbitral awards in India
The Arbitration and Conciliation (Amendment) Bill, 2015
The Ambit of Public Policy as a ground for setting aside an arbitral award under Arbitration and Conciliation Act, 1996.
Interim Measures under Arbitration, Conciliation Act
Power of Arbitrator to Delegate his Duties
Most recent articles in Arbitration category
Interim Measures under Arbitration, Conciliation Act
The Arbitration and Conciliation (Amendment) Bill, 2015
The Ambit of Public Policy as a ground for setting aside an arbitral award under Arbitration and Conciliation Act, 1996.
validity of foreign arbitral awards in India
Principles & Procedure of conciliation under Arbitration & Conciliation Act 1996
Power of Arbitrator to Delegate his Duties
Arbitral Award Its Challenge & Enforcement

Article Comments

Posted by Vishal on October 26, 2015
Please provide your inputs in the light of Financial/ Telecom companies where Arbitration is in bulk. How can such companies abide by Schedule 5 clause 22 which provides The arbitrator has within the past three years been appointed arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties is not an independent arbitrator.. Such companies are filing arbitration in bulk i.e. 1000 arbitrations against defaulters which mean everytime you need 500 new arbitrators... Defaulters will have a great time.. initially 138 ordinance and now arbitration... Bad debts will go for a toss... Please suggest a way out..

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
An emergency according to Article 352(1) can be proclaimed by a president if he is satisfied as to the existence of a threat to the security of India or a part thereof. The question which the topic deals with is whether this satisfaction of the President is justifiable or not.

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3