Arbitration Act

PROPOSED AMENDMENTS TO THE ARBITRATION &
CONCILIATION ACT, 1996

A
CONSULTATION
PAPER

MINISTRY OF LAW AND JUSTICE
GOVERNMENT OF INDIA

PROPOSED AMENDMENTS TO THE ARBITRATION &
CONCILIATION ACT, 1996

A
CONSULTATION
PAPER

MINISTRY OF LAW AND JUSTICE
GOVERNMENT OF INDIA

Contents
S.No. Title
1

Page No.

Amendments to the Arbitration & Conciliation Act,

1-35

1996- A Consultation Paper
2

Annexure –I

36-54

The Arbitration and Conciliation Act, 1996
3

Annexure-II

55-69

Summary of Recommendations of 176th Report of
The Law Commission of India on The Arbitration
And Conciliation (Amendment) Bill, 2003.
4

Annexure-III

70-113

The Arbitration & Conciliation (Amendment) Bill,
2003
5

Annexure-IV

114-131

Summary of Recommedations of Justice Saraf
Committee

Report

on

Implications

of

the

recommendations of the Law Commission’s 176th
Report and Amendment Bill of 2003.
6

Annexure-V

132-146

Parliamentary Standing Committee Report on the
Arbitration and Conciliation (Amendment) Bill,
2003.
7

Annexure-VI

147-165

IBA Guidelines on Conflicts of Interest in
International Arbitration
8

Annexure-VII
The Commercial Division of High Courts Bill, 2009

166-182

Amendments to the Arbitration & Conciliation Act,
1996- A Consultation Paper
Introduction:
1.

The Arbitration and Conciliation Act, 1996 enacted in 1996 is an Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. Copy of the Act is annexed as Annexure-I. The
Act is based on the Model Law adopted by the United Nations Commission on
International Trade Law (UNCITRAL) in 1985. The objects and basis of the said Act is to speedy disposal with least court intervention. Some of the objects, as mentioned in the
Statement of Objects and Reasons for the Arbitration and Conciliation Bill, 1995 are as