Arbitration and Conciliation (Amendment) Ordinance, 2020

Question 1

What are the changes brought by 2020 ordinance?

Answer 1

1.Cancelled 8th Schedule->had qualifications for accreditation of arbitrators(i.e.an independent person or body officially appointed to settle a dispute).{QUALIFICATIONS SCARRAPED}
2.Added a provison in Section 36.i.e. if the Court is satisfied that a prima facie case is made out that the contract which is basis of award was effected by fraud, it will stay the award unconditionally.
{FAUD CONTRACT SCRAPPED}

Question 2

What is Arbitration and Conciliation Act, 1996?

Answer 2

1. enacted to minimise supervisory role of courts in settlement of disputes.(LESS COURTS)
2. permits arbitral tribunal to use mediation, conciliation etc.to settle disputes.(PERMITS TRIBUNALS)
3. Contains provisions to deal with domestic & International arbritation,defines the law for conducting conciliation proceedings.(DOMESTIC&INTERNATIONAL ARBITRATION&CONCILLIATION)

Question 3

What is Arbitration & Conciliation act 2019?

Answer 3

It amends Act of 1996.

establishes Arbitration Council of India (ACI) for the promotion of arbitration, mediation, conciliation etc.{ACI ESTABLISHED}

Composition of the ACI: Chairperson who is either: (i) S.C.Judge or (ii) H.C.Judge ; or (iii) Chief Justice of H.C.; or (iv)eminent person with expert knowledge in arbitration.{SC/HC JUDGE;HC CHIEF JUSTICE;EMINENT PERSON}

Relaxation of time limits: In original Act, arbitral tribunals are required to make their award in 12 months for all.removed this time restriction for international commercial arbitrations.{12 MONTHS LIMIT FOR AWARD,REMOVED FOR INTERNATIONAL}

Completion of written submissions: The written claim and the defence to the claim in an arbitration proceeding, should be completed within six months of the appointment of the arbitrators.
{WRITTEN CLAIM & DEFENCE TO CLAIM IN 6 MONTHS}

Confidentiality of proceedings:details of arbitration proceedings -> confidential except for in certain circumstances.{MOSTLY CONFIDENTIAL}

Applicability of Arbitration and Conciliation Act, 2015:2015 Act shall only apply to proceedings which started on or after October 23, 2015.{2015 ACT APPLIES AFTER OCT,15}

Question 4

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Answer 4

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