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

Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC

It can never be the object of assessment proceedings to find an empirically, absolutely correct solution on every fact issue…

3 days ago
  • Income Tax

Penalty u/s 270A deleted as assessee filed revised computation during scrutiny

Penalty u/s 270A deleted as assesse filed revised computation during scrutiny correcting the mistake which was noticed only after the…

4 days ago
  • Income Tax

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

5 days ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

1 week ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

1 week ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

2 weeks ago