The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021
3 years, 11 months ago

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021

Live Law  

The Central Government on March 11, 2021 has notified the Arbitration and Conciliation Act, 2021, to repeal the Arbitration and Conciliation Ordinance, 2020 dated November 4, 2020. Section 43J of the Arbitration Act, 1996, as it stood before the amendment, detailed the qualifications, experience, and norms for accreditation of arbitrators by placing reliance on the Eighth Schedule to the Arbitration Act, 1996. Now, vide Section 3 of the Amendment Act, the Central Government has substituted Section 43J of the Arbitration Act, 1996 which now reads, "The qualifications, experience and norms for accreditation of arbitrators shall be such as may be specified by the regulations." In view of the Report by the Committee, the Central Government vide the Arbitration and Conciliation Act, 2019, established the Council by introducing Part IA to the Arbitration Act, 1996 and also stipulated, recognition of professional institutes providing accreditation of arbitrators, inter-alia, as an essential duty and function of the Council. However, even before, the provisions under Part IA as introduced by the 2019 Amendment are notified,the President promulgated Section 3 of the Ordinance, permitting the qualifications, experience, and norms for accreditation of arbitrators to be specified by regulations made by the Council in consultation with the Central Government and in effect abrogated the Eighth Schedule to the Arbitration Act, 1996 vide Section 4 of the Ordinance.

India Arbitration Accreditation Council Amendment Committee Act Section 3 Eighth Schedule 1996 Arbitrators Section 4 Its Report Professional Institutes Glass Half Part Ia Section 43J  1996  committee  eighth  schedule  amendment  act  accreditation  india  analysing  arbitration  2021  arbitrators  conciliation  glass  half

History of this topic

Arbitration Cases Quarterly Digest: October To December 2024
Trending News
2 months, 3 weeks ago

Arbitration Cases Quarterly Digest: October To December 2024

Live Law  

Supreme Court Case Title: R.P. Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court Case Title: M/S INNOVATIVE FACILITY SOLUTIONS PVT LTD v. M/S AFFORDABLE INFRASTRUCTURE Citation: 2024 LiveLaw 1192 The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of …

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
3 months, 2 weeks ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law  

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

Speedy Justice And Lengthy Delays, The Arbitration Process
1 year, 5 months ago

Speedy Justice And Lengthy Delays, The Arbitration Process

Live Law  

Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. This is because often when a party is dissatisfied with the final award and approaches the court to set it aside under Section 34 of the …

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court
3 years, 4 months ago

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court

Live Law  

The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. The Court notes that by way of the 2015 Amendment a distinction is sought to be carved out between a domestic award arising from …

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021
4 years ago

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021

Live Law  

The Central Government has notified the Arbitration and Conciliation Act, 2021. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to enable automatic stay on awards if it is prima facie satisfied that the relevant arbitration agreement or contract/ making of the award was induced by fraud or corruption and omit Schedule VIII of the Act and …

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 6 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]
4 years, 8 months ago

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]

Live Law  

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996,, the Single Judge of the Delhi High Court in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A in 2019, fixing the 12 month time frame from …

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?
5 years ago

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Live Law  

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The Delhi High Court in ) has discussed anamendment introduced to Section 8 of the Arbitration Act, wherein a time period has been fixed for filing of an application for reference to arbitration in cases where an arbitration …

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]
5 years, 3 months ago

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]

Live Law  

In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration and Conciliation Act 1996, which was inserted through the 2019 amendment Act passed by the Parliament last monsoon session.The judgment was delivered in the case Hindustan Construction Company Ltd v Union of India, which was heard by a bench comprising Justices R F Nariman, …

Arbitration And Conciliation (Amendment) Act 2019 - A Primer
5 years, 6 months ago

Arbitration And Conciliation (Amendment) Act 2019 - A Primer

Live Law  

It was once famously said by Benjamin Franklin, one of the founding fathers of the United States and an outstanding polymath that, "When will mankind be convinced and agree to settle their difficulties by arbitration?". Little did he know that the Government of India would be faced with the same dilemma more than three centuries later. In an endeavour to …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
6 years, 11 months ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
6 years, 11 months ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features
7 years ago

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features

Live Law  

The Union Cabinet chaired by Prime Minister Shri Narendra Modi on Wednesday approved the Arbitration and Conciliation Bill, 2018 for introduction in the Parliament.The Amendment is intended to facilitate achieving the goal of improving institutional arbitration by establishing an independent body to lay down standards, make arbitration process more party friendly, cost-effective. However, to give a boost to institutional, arbitration …

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features
7 years ago

Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features

Live Law  

The Union Cabinet chaired by Prime Minister Shri Narendra Modi on Wednesday approved the Arbitration and Conciliation Bill, 2018 for introduction in the Parliament.The Amendment is intended to facilitate achieving the goal of improving institutional arbitration by establishing an independent body to lay down standards, make arbitration process more party friendly, cost-effective. However, to give a boost to institutional, arbitration …

How Not So Carefully Drafted One-Side Clause Can Backfire! Delhi HC Makes 2015 Amendments To Arbitration Act Applicable To Proceedings Initiated Under The 1996 Act
7 years, 11 months ago

How Not So Carefully Drafted One-Side Clause Can Backfire! Delhi HC Makes 2015 Amendments To Arbitration Act Applicable To Proceedings Initiated Under The 1996 Act

Live Law  

Yesterday on 11th April 2017, Justice S. Muralidhar in Ratna Infrastructure Projects Pvt. The Court interpreted the words “unless the parties otherwise agree” as used in the Section 26 of the Amendment Act in light of the standard agreement terms and held that the amendment act shall be applicable to the arbitral proceedings initiated before 23 October 2015, since the …

12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]
9 years, 3 months ago

12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]

Live Law  

A Division Bench of Madras High Court has asked the Centre to clarify whether Section 29A of the Arbitration and Conciliation Ordinance, 2015 would apply to pending arbitrations. Section 29A provides for a mandatory 12 month timeline for arbitrations to be completed failing which parties have to approach Court and get an extension Order. Speaking to LiveLaw Mr. Anirudh Krishnan …

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]
28 years, 10 months ago

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]

Live Law  

Introduction The Arbitration and Conciliation Act, 1996 has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. With regard to applicability of Section 11 of the Arbitration Act to the facts of the instant case, the Delhi …

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