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

ITAT allows exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees

ITAT allowed increased exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees in view of CBDT retrospective notification. In…

19 hours ago
  • Income Tax

PCIT has revisionary jurisdiction u/s 263 over the cases passed by the NFAC or the JAO

PCIT has revisionary jurisdiction u/s 263 over the cases irrespective of the fact that the relevant assessment was completed physical…

1 day ago
  • Insurance

Appellate court interfering with MACT finding must undertake reappreciation of evidence

Appellate court interfering with Motor Accidents Claims Tribunal findings on assessment of disability and loss of earning capacity must undertake…

2 days ago
  • Income Tax

When delay is not huge & involves huge monetary liability, lenient approach to be taken

When period of delay is not very huge and involve huge monetary liability on the assessee, a lenient approach should…

2 days ago
  • SEBI

EoGM of company can not ratify diversion of fund raised by preferential issue – SC

Ratification by EoGM of the company can not give legality of the diversion of the fund raised by preferential issue.…

3 days ago
  • Excise/Custom

Return of export cargo from Hormuz Strait where vessel do not lands at original port

CBIC prescribes procedures for return of export cargo from international waters due to closure of the Strait of Hormuz where…

3 days ago