Dispute Resolution Hotline: Ever changing arbitration landscape in India, yet another attempt: Hit or a Miss!

Posted by By at 9 November, at 11 : 04 AM Print

November 09, 2020


This article was originally published in the 05th November 2020 edition of

An ordinance was promulgated on November 04, 2020 amending the Indian Arbitration and Conciliation Act, 1996. In our piece titled “Ever-changing arbitration landscape in India, yet another attempt: Hit or a Miss!”, published in Bar & Bench, members of Nishith Desai Associates, argue that there was no need for specifically carving out instances when a stay on the operation of an India seated arbitration award can be granted. The existing regime was well equipped to cover instances of the underlying contract or the making of the award being induced or affected by fraud and corruption. The deletion of Eight Schedule from the Arbitration Act (which stipulated qualifications for nomination as an arbitrator) is surely a praiseworthy move and was much awaited.

The misses of the 2019 amendments, such as extending the timeline of arbitration stipulated under Section 29 A to ad-hoc international arbitration and clarifying the exceptions to the confidentiality obligations could have been addressed in the ordinance. The complete article analyzing the amendments in detail can be accessed here.

– Alipak BanerjeePayel Chatterjee & Vyapak DesaiYou can direct your queries or comments to the authors

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AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax

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The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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