Government seeks public input on draft arbitration and settlement

Seeking to provide “greater support” for institutional arbitration and reduce court intervention in such cases, the government has prepared a bill to seek views on the proposed changes.

The Legal Affairs Department of the Ministry of Law sought comments on the draft Arbitration and Conciliation (Amendment) Bill, 2024 and said: “The aim and purpose is to further strengthen institutional arbitration, reduce court interference in arbitration and ensure timely conclusion of arbitral proceedings”.

The draft bill comes months after an expert committee headed by former law secretary and former Lok Sabha general secretary TK Vishwanathan submitted its report on proposed reforms in the arbitration sector to the law ministry.

The concept of ’emergency arbitration’ is proposed in the draft.

The proposed amendment says that arbitral institutions may provide for the appointment of an “emergency arbitrator” before an arbitration tribunal is established, for the purpose of granting interim measures.

The appointed emergency arbitrator will conduct the proceedings in a manner determined by the (arbitration) council.

At the same time, some articles of the current law are not included in the bill.

One of the omitted clauses relates to the publication of notices proposed to be published in both Houses while Parliament is in session.

The omitted clause read: “A copy of every notification proposed for publication… shall be laid before each House of Parliament, in draft form, for a period in the aggregate of 30 days, which may be made in session, in one sitting, or in two or more consecutive sessions, and above If, before the close of the said session or the session immediately following successive sessions, both Houses agree not to approve the matter of the notification, or if both Houses agree to make any amendment to the notification, the notification shall not be published or shall be solely upon both Houses of Parliament, as the case may be. It will be published in an amended form to be agreed upon.”

Speaking at an event here last year, Vice President Jagdeep Dhankhar had complained that retired judges were keeping a tight grip on the country’s arbitration system, giving no chance to other qualified minds. He said India is known for its rich human resources but they were not appointed to decide the arbitration process.

Successive governments have been trying to make India an international arbitration center like London and Singapore, but with limited success. Pioneer News Service n New Delhi

Seeking to provide “greater support” for institutional arbitration and reduce court intervention in such cases, the government has prepared a bill to seek views on the proposed changes.

The Legal Affairs Department of the Ministry of Law sought comments on the draft Arbitration and Conciliation (Amendment) Bill, 2024 and said: “The aim and purpose is to further strengthen institutional arbitration, reduce court interference in arbitration and ensure timely conclusion of arbitral proceedings”.

The draft bill comes months after an expert committee headed by former law secretary and former Lok Sabha general secretary TK Vishwanathan submitted its report on proposed reforms in the arbitration sector to the law ministry.

The concept of ’emergency arbitration’ is proposed in the draft.

The proposed amendment says that arbitral institutions may provide for the appointment of an “emergency arbitrator” before an arbitration tribunal is established, for the purpose of granting interim measures.

The appointed emergency arbitrator will conduct the proceedings in a manner determined by the (arbitration) council.

At the same time, some articles of the current law are not included in the bill.

One of the omitted clauses relates to the publication of notices proposed to be published in both Houses while Parliament is in session.

The omitted clause read: “A copy of every notification proposed for publication… shall be laid before each House of Parliament, in draft form, for a period in the aggregate of 30 days, which may occur while in session, in one sitting, or in two or more consecutive sessions, and above If, before the close of the said session or the session immediately following successive sessions, both Houses agree not to approve the matter of the notification, or both Houses agree to make any amendment to the notification, the notification shall not be published or only to the extent to which both Houses of Parliament have agreed, as the case may be. “It will be published in a modified form as it arrives.”

Speaking at an event here last year, Vice President Jagdeep Dhankhar had complained that retired judges were keeping a tight grip on the country’s arbitration system, giving no chance to other qualified minds. He said India is known for its rich human resources but they were not appointed to decide the arbitration process.

Successive governments have been trying to make India an international arbitration center like London and Singapore, but with limited success.