arbitration

The Arbitration and Conciliation (Amendment) Ordinance 2020

The Arbitration and Conciliation (Amendment) Ordinance 2020
 
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
 
New Delhi, the 4th November, 2020

THE ARBITRATION AND CONCILIATION (AMENDMENT) ORDINANCE, 2020

NO. 14 OF 2020
 
Promulgated by the President in the Seventy-first Year of the Republic of India.
 
An Ordinance further to amend the Arbitration and Conciliation Act, 1996.
 
WHEREAS to address the concerns raised by stakeholders after the enactment of the Arbitration and Conciliation (Amendment) Act, 2019 and to ensure that all the stakeholder parties get an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or contract or making of the arbitral award are induced by fraud or corruption, it has become necessary to make further amendments to the Arbitration and Conciliation Act, 1996;
 
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
 
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:–
 
Short title and commencement
1. (1) This Ordinance may be called the Arbitration and Conciliation (Amendment) Ordinance, 2020.
 
(2) Save as otherwise provided in this Ordinance, it shall come into force at once
 
Amendment of section 36
2. In section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the principal Act), in sub-section (3), after the proviso, the following shall be inserted and shall be deemed to have been inserted with effect from 23rd day of October, 2015, namely:—
 
“Provided further that where the Court is satisfied that a prima facie case is made out,-—
 
(a) that the arbitration agreement or contract which is the basis of the award; or
 
(b) the making of the award, was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 to the award.”.
 
Explanation.— For the removal of doubts, it is hereby clarified that the above proviso shall apply to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015.
 
Substitution of new section for section43J
3. For section 43J of the principal Act, the following section shall be substituted, namely:-—
 
Norms for accreditation of arbitrators
“43J. The qualifications, experience and norms for accreditation of arbitrators shall be such as may be specified by the regulations.”
 
Omission of Eighth Schedule
4. The Eighth Schedule to the principal Act shall be omitted.
 
RAM NATH KOVIND, President
 
DR. G. NARAYANA RAJU, Secretary to the Govt. of India
 

Download Ordinance Click Here >>

 
Share

Recent Posts

  • Income Tax

Payment of imprest whether a transfer within the meaning of section 269ST

Payment of imprest whether a transfer within the meaning of section 269ST – case remanded for determination In a recent…

1 day ago
  • ICAI

CA Misconduct – Order quashed as judgment not passed by same members who heard arguments.

CA Misconduct – Appellate order quashed as final judgment was not passed by same members who heard arguments. In a…

3 days ago
  • Insurance

Deceased homemaker can not be considered as dependant for award of compensation under MV Act – SC

Deceased homemaker can not be considered as dependant for award of compensation under MV Act. Courts to award a composite…

3 days ago
  • Income Tax

CIT notice u/s 263 quashed as AO rightly took DVO value of property as actual sale price

CIT Revision notice u/s 263 quashed as the Assessing Officer rightly taken DVO value of property sold as actual sale…

5 days ago
  • GST

Extension of timeline for implementation of Ship To GSTIN & Voluntary Closure of E-Way Bill functionalities

Extension of timeline for implementation of mandatory "Ship To GSTIN" and Voluntary Closure of E-Way Bill functionalities GSTN Advisory dated…

5 days ago
  • Income Tax

No protective addition required when additions is confirmed in hands of searched person – ITAT

No protective addition required in the hand of a third party when additions have been confirmed in the hands of…

6 days ago