Here are some legal updates related to arbitration in India:
Mediation Act 2023: India enacted the Mediation Act, which was passed by the Rajya Sabha (Upper House of Parliament) on August 1, 2023. This act likely pertains to the regulation and promotion of mediation as an alternative dispute resolution method in India.
Amendments to Arbitration & Conciliation Act, 1996 (2021): The President of India approved amendments to the Arbitration & Conciliation Act, 1996. These amendments were passed by the Lok Sabha on February 12, 2021, and by the Rajya Sabha on March 10, 2021. These amendments likely introduced significant changes to the arbitration law in India.
Amendments to Arbitration & Conciliation Act, 1996 (2019): The President of India gave assent to amendments in the Arbitration & Conciliation Act, 1996, which were passed by the Rajya Sabha on July 19, 2019, and by the Lok Sabha on August 1, 2019. These amendments may have brought substantial modifications to the arbitration and conciliation processes in India.
Arbitration & Conciliation Act, 1996 (Amendment) Act, 2015: The Arbitration & Conciliation Act, 1996, was amended through the Arbitration & Conciliation (Amendment) Act, 2015, with effect from October 23, 2015. These amendments likely aimed to improve and update the arbitration framework.
Constitution of Commercial Courts: An Act providing for the constitution of Commercial Courts, Commercial Division, and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value was promulgated, effective from October 23, 2015. This act may have included provisions related to court matters pertaining to arbitration.
Law Commission of India Report (August 2014): The Law Commission of India released Report No. 246 in August 2014, recommending various amendments to the Arbitration & Conciliation Act, 1996. These recommendations may have influenced subsequent amendments to the arbitration law.
High Court of Madras Landmark Judgment (2012): The High Court of Madras delivered a landmark judgment on February 21, 2012, in the case of “A.K. Balaji v. Government of India & others.” The judgment held that foreign lawyers cannot be debarred from coming to India and conducting arbitration proceedings in disputes related to international commercial arbitration. This judgment likely had implications for the participation of foreign lawyers in Indian arbitration.
Supreme Court’s Direction on Alternative Dispute Resolution (ADR) Methods (2003): In the landmark decision “Salem Advocate Bar Association, Tamil Nadu v. Union of India,” the Supreme Court of India directed that all courts should direct parties to alternative dispute resolution methods like arbitration, conciliation, judicial settlement, or mediation. This directive aimed to promote the use of ADR methods and expedite dispute resolution. The Supreme Court also considered the draft “Civil Procedure Alternative Dispute Resolution and Mediation Rules 2003” for enactment by respective High Courts.
Time Limits: The amendment introduced strict time limits for completing arbitration proceedings. The arbitrator is required to make the award within 12 months from the date of entering the reference. An extension of 6 months can be allowed by the parties by mutual consent.
Fast-Track Procedure: The amendment introduced a fast-track arbitration procedure for the resolution of disputes. Under this procedure, the award must be made within six months from the date of the appointment of the arbitrator.
Confidentiality: The amendment clarified that the confidentiality of arbitration proceedings and the arbitration award should be maintained.
Qualifications of Arbitrators: The 2019 amendment specified the qualifications and experience required for an individual to be eligible as an arbitrator. It aimed to enhance the quality and expertise of arbitrators.
Applicability to International Commercial Arbitration: The amendment clarified that certain provisions, such as those related to interim measures, would also apply to international commercial arbitrations, unless the parties agreed otherwise.
Online Filing: The amendment allowed for the online filing of arbitration cases and documents to expedite the process
Arbitration Council of India: The Arbitration and Conciliation (Amendment) Act, 2019, proposed the establishment of the Arbitration Council of India (ACI), which would grade arbitral institutions and accredit arbitrators. However, the formation and functioning of the ACI would require further rules and regulations.