Dispute Resolution Hotline: Ever changing arbitration landscape in India, yet another attempt: Hit or a Miss!
Posted by By nishithadmin at 9 November, at 11 : 04 AM Print
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EVER CHANGING ARBITRATION LANDSCAPE IN INDIA, YET ANOTHER ATTEMPT: HIT OR A MISS!
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.
Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax
2020, 2019, 2018
Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT
2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012
Chambers and Partners Asia-Pacific: Band 1 for Employment, Lifesciences, Tax and TMT
2020, 2019, 2018, 2017, 2016, 2015
IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks.
2020, 2019, 2018, 2017, 2014
AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax
FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)
RSG-Financial Times: India’s Most Innovative Law Firm
2019, 2017, 2016, 2015, 2014
Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
Vikram Shroff, HR and Employment Law- Global Thought Leader
Vaibhav Parikh, Data Practices – Thought Leader (India)
Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences – Regulatory,’ for 5 years consecutively
Merger Market 2018:Fastest growing M&A Law Firm in India
DISCLAIMER
The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.
