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Report No. 246

Report of the Departmental Related Standing Committee on Personnel, Public Grievances, Law and Justice

20. In light of the Justice Saraf Committee Report, the Arbitration and Conciliation (Amendment) Bill, 2003 was then referred to the Departmental Related Standing Committee on Personnel, Public Grievances, Law and Justice for study and analysis. Several eminent lawyers, representatives from the trade and industry, Public Sector Undertakings and representatives of the concerned Departments appeared before the said Committee and expressed their views in detail. The Committee thereafter submitted its report to the Parliament on August 4, 2005.

21. The Committee was of the view that the provisions of the Bill gave room for substantial intervention by court in the arbitration process. The Committee stressed upon the need for popularizing institutional arbitration in India and called for establishment of an institution in our country in this regard which would be along international standards.

22. The Committee further expressed the view that many provisions were not only insufficient, but also contentious. Therefore, the said Bill ought to be withdrawn and a fresh Bill be brought after considering the recommendations of the Committee.

23. In view of the various amendments recommended by the Committee, the above Bill was withdrawn from the Rajya Sabha. At that time, it was decided that a new Bill must be introduced in the Parliament after undertaking an in-depth study of the various recommendations of the Committee.









  

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