Arbitration And Conciliation (Amendment) Bill, 2018

Aug. 11, 2018

Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2018 to help India become a hub for domestic and global arbitration for settling commercial disputes.

The bill implements the recommendations made by the High Level Committee (chaired by B.N. Srikrishna) which submitted its Report in July, 2017.

Salient features of bill:

  • It amends the Arbitration and Conciliation Act, 1996.

  • Present system of appointment of arbitrators by the Supreme Court (SC)/ High Court (HC), will be changed to a system where the arbitrators are appointed by the "Arbitral institutions" designated by the SC/HC.

  • It establishes Arbitration Council of India, an independent body, for the purpose of grading of arbitral institutions and accreditation of arbitrators etc.

  • It provides for time-bound settlement of disputes as well as accountability of the arbitrator.

  • Details of arbitration proceedings will be kept confidential except for the details of the arbitral award in certain circumstances.

  • It clarifies that section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, is applicable only to the arbitral proceedings which commenced on or after 23rd October, 2015.

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