NISHITH.TV
  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York

Locations

  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York
  • Content
  • Home
  • ABOUT US
  • NDA in the Media
  • Areas of Service
  • Research and Articles
  • Opportunities
  • Contact
  • NDACloud
  • Client Access
  • Member Access
  • Events and Calender
  • How we perform
  • Knowledge anywhere, anytime
  • See our recent deals
  • Up to date legal developments
  • Case studies in M&A

Research and Articles

HTMLPDF

  • Research at NDA
  • Research Papers
  • Research Articles
  • NDA Think Tanks
  • NDA Hotline
  • New Ali Gunjan
  • Japan Desk ジャパンデスク

NDA-Hotline


  • Capital Markets Hotline
  • Companies Act Series
  • Climate Change Related Legal Issues
  • Competition Law Hotline
  • Corpsec Hotline
  • Court Corner
  • Cross Examination
  • Deal Destination
  • Debt Funding in India Series
  • Dispute Resolution Hotline
  • Education Sector Hotline
  • FEMA Hotline
  • Financial Service Update
  • Food & Beverages Hotline
  • Funds Hotline
  • Gaming Law Wrap
  • GIFT City Express
  • Green Hotline
  • HR Law Hotline
  • iCe Hotline
  • Insolvency and Bankruptcy Hotline
  • International Trade Hotlines
  • Investment Funds: Monthly Digest
  • IP Hotline
  • IP Lab
  • Legal Update
  • Lit Corner
  • M&A Disputes Series
  • M&A Hotline
  • M&A Interactive
  • Media Hotline
  • New Publication
  • Other Hotline
  • Pharma & Healthcare Update
  • Private Client Wrap
  • Private Debt Hotline
  • Private Equity Corner
  • Real Estate Update
  • Realty Check
  • Regulatory Digest
  • Regulatory Hotline
  • Renewable Corner
  • SEZ Hotline
  • Social Sector Hotline
  • Tax Hotline
  • Technology & Tax Series
  • Technology Law Analysis
  • Telecom Hotline
  • The Startups Series
  • White Collar and Investigations Practice
  • Yes, Governance Matters.
  • Japan Desk ジャパンデスク

Dispute Resolution Hotline

April 23, 2010

Cheer for Arbitration: Consultation Paper Released

The Arbitration and Conciliation Act, 1996 (“Arbitration Act”) was enacted to provide a pro arbitration regime with minimal judicial intervention. However, certain decisions of courts in India interpreted provisions of the Arbitration Act in a manner that led to an increase in judicial intervention and curtailment of party autonomy. These decisions, which have been discussed later, resulted in considerable public debate and were widely criticized by jurists and practitioners.

Litigation in India is known to be a much prolonged process and arbitration offers an efficacious alternative for resolving disputes expeditiously. Owing to the complexities of the existing arbitration regime in India, a need was felt to introduce amendments in the Arbitration Act to bring it in conformity with international best practices.

Based on the recommendations of the 176th Report of the Law Commission of India, The Arbitration Amendment and Conciliation (Amendment) Bill, 2003 (“Bill”) was introduced in Parliament in December, 2003. In July, 2004 the Bill was referred for in-depth study to a committee chaired by Justice Dr. B.P. Saraf and later the Bill was referred for examination to the Departmental Relating Standing Committee on Personnel, Public Grievances, Law and Justice (“Standing Committee”). The Standing Committee was of the view that the provisions of the Bill still contained room for excessive intervention by Courts in arbitration proceedings. The Standing Committee further expressed the view that since many provisions of the Bill were contentious, the Bill may be withdrawn and a fresh legislation may be brought into effect after considering the recommendations of the Standing Committee. Accordingly, the bill was withdrawn from Parliament.

The Union Ministry of Law and Justice (“Ministry”) has now released a consultation paper proposing key amendments in the Arbitration Act. Though a much belated move, it is nevertheless a step in the right direction and provides hope that India would soon become an arbitration friendly jurisdiction. Please click here for our analysis of the consultation paper.

Please write to us should you have any comments or suggestions on the consultation paper. We will consider them while forwarding our recommendations to the Ministry.

 

- Gautam Dembla & Shafaq Uraizee-Sapre

Mission and Vision


Distinctly Different

What's New


News from the world of education - March 21, 2023
Quotes: March 21,2023
Australia and India’s education Framework – What it means for stakeholders
Regulatory Hotline : March 20,2023

Events


Webinars

Sovereign Wealth Fund and Pension Funds investments in India: Unique Considerations and Critical Issues
March 09,2023 - March 09,2023

This event is over. For event material please click here


Seminar

Fund Structuring and Investments in 2023 - Luncheon and Knowledge Sessions
March 24,2023 - March 24,2023

Round Table

Investing In Net Zero
July 22,2022 - July 22,2022

This event is over. For event material please click here

News Roundup


News Articles

Shareholder Activism: An ESG tool or a Founder’s curse?
October 13,2022

Quotes

News from the world of education - March 21, 2023
March 21,2023

Newsletters


Regulatory Hotline

Australia and India’s education Framework – What it means for stakeholders
March 20,2023

Regulatory Hotline

Intimation of Material Changes by Foreign Portfolio Investors: The Timeline Turbulence
March 17,2023

New Publication

Doing Business in India
March 16,2023

  • Disclaimer
  • Content
  • Feedback
  • Walkthrough
  • Subscribe
Nishith Desai Associates@2016 All rights reserved.