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Legal Update
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  • The Law Commission of India has brought out Report No. 246 in August 2014, recommending various amendments to the Arbitration & Conciliation Act, 1996. Chapter III of the Report contains the proposed amendments. See Report

  • The High Court of Madras, India has pronounced a landmark judgment on 21/02/2012 in the matter, “A.K. Balaji v. Government of India & others”, holding that foreign lawyers cannot be debarred to come to India and conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration. See, full text of the judgment.

  • The Hon’ble Supreme Court of India has held in “Union of India v. Singh Builders Syndicate” (2009), that it is necessary to find an urgent solution for the problem to save arbitration from the arbitration cost and opined that Institutional arbitration has provided a solution, as the Arbitrators' fees is not fixed by the Arbitrators themselves on case to case basis, but is governed by a uniform rate prescribed by the institution under whose aegis the Arbitration is held.

  • The Hon'ble Supreme Court of India has in the landmark decision "Salem Advocate Bar Association, Tamil Nadu v. Union of India" (2005) directed that all courts shall direct parties to alternative dispute resolution methods like arbitration, conciliation, judicial settlement or mediation. The draft "Civil Procedure Alternative Dispute Resolution and Mediation Rules 2003" was also considered by the Supreme Court, for enactment by respective High Courts. Direction was issued to all High Courts, Central Government and State Governments for expeditious follow-up action.

  • Departmental Related Standing Committee after taking oral evidence of eminent advocates and the representatives from trade and industry, Public Sector Undertakings, representatives of this Department, submitted its report on the Arbitration & Conciliation (Amendment) Bill, 2003 to the Houses of Parliament on 4th August, 2005. The Committee expressed the view that since many provisions of the Bill were contentious, the Bill may be withdrawn and a fresh legislation may be brought after considering the recommendations of the Committee.

  • The Arbitration and Conciliation  (Amendment) Bill, 2003, introduced in the Rajya Sabha on the 22nd December, 2003 and pending therein, has been referred to Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, headed by Shri E.M. Sudarsana Natchiappan, M.P., for examination and report. The above Bill seeks to amend various provisions of the Arbitration and Conciliation Act, 1996, to remove certain shortcomings in the existing Act and also to speed up arbitrations under the Act. The Committee, at its sitting held on 23rd August, 2004 decided to invite memoranda containing suggestions/ views/ comments of individuals/ institutions/ organizations, interested in the subject matter of the Bill and the State Governments/ Union Territory Administrations, and to hear oral evidence on various provisions of the Bill. Suggestions and views were sent by IIAM.

  • The Law Commission of India has recommended various amendments to the Arbitration & Conciliation Act, 1996 by its 176th Report. The proposed amendment seeks to make arbitration more effective and speedy. There is also proposal for Fast Track Arbitrations.
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