Report No. 246

Amendments to the Arbitration and Conciliation Act 1996

Contents
Chapter I	Background to the Report
	Background to the Report
	History of Arbitration Law in India
	Scheme of the Arbitration and Conciliation Act, 1996
	176th Report of the Law Commission
	Justice B.P. Saraf Committee
	Report of the Departmental Related Standing Committee on Personnel, Public Grievances, Law and Justice
	The Present Report by the 20th Law Commission
Chapter II	Introduction to the Proposed Amendments
	Introduction to the Proposed Amendments
	Institutional Arbitration in India
	Fees of Arbitrators
	Conduct of Arbitral Proceedings
	Judiciary and Arbitration
	Delays in Courts, before the Tribunal and Investment Treaty Risk
	Scope and Nature of Pre-Arbitral Judicial Intervention
	Setting Aside of Domestic Awards and Recognition/ Enforcement of Foreign Awards
	Judicial Interventions in Foreign Seated Arbitrations
	Automatic Stay of Enforcement of the Award Upon Admission of Challenge
	Powers of Tribunal to Order Interim Measures
	Arbitrability of Fraud and Complicated Issues of Fact
	Neutrality of Arbitrators
	Definition of "Party"
	Interest on Sums Awarded
	Costs
	Other Amendments
	Transitory Provision
Chapter III	Proposed Amendments to the Arbitration and Conciliation Act, 1996
	Amendment to the Preamble
	Amendment of Section 2
	In sub-section (1), clause (e) replace sub-clause (ii) by following
	Insertion of Section 6A
	Amendment of Section 7
	Amendment of Section 8
	Amendment of Section 9
	Amendment of Section 11
	Amendment of Section 12
	Amendment of Section 14
	Amendment of Section 16
	Amendment of Section 17
	Amendment of Section 20
	Amendment of Section 23
	Amendment of Section 24
	Amendment of Section 25
	Amendment of Section 28
	Amendment of Section 31
	Amendment of Section 34
	Amendment of Section 36
	Amendment of Section 37
	Amendment of Section 47
	Amendment of Section 48
	Insertion of Section 85A
	Amendment to the Schedules
	Arbitrator's relationship with the parties or counsel
	Relationship of the arbitrator to the dispute
	Arbitrator's direct or indirect interest in the dispute
	Previous services for one of the parties or other involvement in the case
	Relationship between arbitrator and party and others involved in the arbitration
	Other circumstances
	Arbitrator's relationship with the parties or counsel
	Relationship of the arbitrator to the dispute
	Arbitrator's direct or indirect interest in the dispute
	Fifth Schedule, add the Sixth Schedule