India Seeks Feedback On Draft Arbitration & Conciliation (Amendment) Bill

(The Corner Office Journal) -- India is seeking feedback from the public on the draft Arbitration and Conciliation (Amendment) Bill 2024 as it aims to strengthen the dispute resolution environment in the country.

The Department of Legal Affairs is presently in the process of considering further amendments in the Arbitration and Conciliation Act 1996, the Ministry of Law and Justice said in a statement.

The aim is to provide further boost to institutional arbitration, reduce court intervention in arbitrations and ensure timely conclusion of arbitration proceedings, it added.

The Department of Legal Affairs asked the public to submit their comments on the draft amendments via email to avnit.singh@gov.in and ndiac-dla@gov.in. by 3 November.

Some of the key proposed amendments are:

=> “arbitration” means any arbitration whether or not administered by an arbitral institution and includes arbitration conducted, wholly or partly, by use of audio-video electronic means.

=> “arbitral institution” means a body or organization that provides for conduct of arbitration proceedings under its aegis, by an arbitral tribunal as per its own rules of procedure or as otherwise agreed by the parties.

=> “emergency arbitrator” means an arbitrator appointed under Section 9A.

=> An application filed under sub-section (1) shall be disposed of by the court expeditiously and in any event within a period of sixty days from the date of filing of the application.

=> (6A) An application under sub-section (4) or sub-section (5) or sub-section (6) shall be filed within 60 days from the failure or refusal of appointment of arbitrator or arbitrators, as the case may be.

=> (11A) Fees of arbitral tribunal – Unless otherwise agreed by the parties or where the arbitration is to be conducted under the aegis of an arbitral institution having rules for determining the fees payable to the arbitral tribunal, the fees of the arbitral tribunal shall be such as may be specified by the Council.

=> Seat of Arbitration - Option II: 20 (1) In case of domestic arbitration other than international commercial arbitration the seat of arbitration shall be the place where the contract/arbitration agreement is executed or where the cause of action has arisen.

=> Seat of Arbitration - Option II: 20 (2) Notwithstanding sub-section (1), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any venue it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.

=> After the termination of the proceedings, the arbitral tribunal shall return the records of the arbitration to the arbitral institution in cases where the arbitral proceedings were conducted under the aegis of an arbitral institution and in all other cases, to the parties.

=> (1A) Notwithstanding anything contained in any other law, an appeal under sub-section (1) shall be made within 60 days from the date of receipt of the order appealed against, but not thereafter.

=> 43-I(1) There shall be a chief executive officer of the Council, who shall be responsible for day-to-day administration of the Council.

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