The article seeks to provide a critical comment of the recently introduced Arbitration and Conciliation (Amendment) Bill, 2018. The main objective of the paper is to show that though there are a number of welcome changes made by the amendment, there are still a few grey areas to be focused on. The introduction introduces the bill and the reasons for which the bill of 2018 has now been introduced. The next section attempts to show the salient features of the bill. The following segment analyses the positive changes that the bill has introduced. This part also seeks to appreciate the number of consequential changes being brought about by the bill. Further, the article seeks to provide critical analysis or an insight into the concerns regarding the bill. The final part portrays how the bill has missed an opportunity to bring about a series of other consequential changes that are much required in the present scenario. The paper concludes by showing that though there are a few loopholes, the bill is still a progressive step towards making India the next sort after destination for arbitration.
Inhaltsverzeichnis (Table of Contents)
- ABSTRACT
- INTRODUCTION
- KEY HIGHLIGHTS OF THE BILL
- ANALYSIS OF THE BILL
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The article provides a critical analysis of the Arbitration and Conciliation (Amendment) Bill, 2018, highlighting its potential to make India a more attractive destination for international commercial arbitration. The author explores the positive changes introduced by the amendment while also identifying areas of concern.
- Strengthening India's position as a global arbitration hub.
- Promoting institutional arbitration and streamlining the arbitration process.
- Addressing practical difficulties in applying the 2015 Amendment Act.
- Establishing an independent body, the Arbitration Council of India, to enhance the efficiency of the arbitral framework.
- Analyzing the potential impact of the amendments on the appointment of arbitrators and timelines for completing arbitration proceedings.
Zusammenfassung der Kapitel (Chapter Summaries)
The Introduction provides context for the 2018 Amendment Bill by discussing the 1996 Act and the 2015 Amendment Act, highlighting the government's efforts to make India a prominent arbitration hub.
The KEY HIGHLIGHTS OF THE BILL section outlines the key provisions of the 2018 Amendment Bill, including the establishment of the Arbitration Council of India (ACI) and the proposed changes to the appointment of arbitrators.
The ANALYSIS OF THE BILL section delves into the positive changes brought about by the amendments, such as the introduction of a time limit for completing pleadings and the recognition of institutional rules in arbitration proceedings.
Schlüsselwörter (Keywords)
Arbitration, Conciliation, Amendment Bill, 2018, International Commercial Arbitration, Institutional Arbitration, Arbitration Council of India, Appointment of Arbitrators, Timelines, Confidentiality, Immunity, Efficiency, Streamlining.
- Citation du texte
- Archa Rajeevi (Auteur), 2018, A Comment on the Indian Arbitration and Conciliation (Amendment) Bill, 2018, Munich, GRIN Verlag, https://www.grin.com/document/465681
