arbitration

Arbitration award induced/effected by fraud/corruption can be stayed.

Arbitration award if induced or effected by fraud or corruption can be stayed. Arbitration and Conciliation (Amendment) Act 2021
 
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
 
New Delhi, the 11th March, 2021
 
The following Act of Parliament received the assent of the President on the11th March, 2021, and is hereby published for general information:—

THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2021 NO. 3 OF 2021

[11th March, 2021.]
 
An Act further to amend the Arbitration and Conciliation Act, 1996.
 
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:––
 
1.Short title and commencement (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021.
 
(2) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 4th day of November, 2020.
 
Amendment of section 36
2. In the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the principal Act), in section 36, in sub-section (3), after the proviso, the following shall be inserted and shall be deemed to have been inserted with effect from the 23rd day of October, 2015, namely:
 
“Provided further that where the Court is satisfied that a prima facie case is made out that,—
 
(a) 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 section 43J
 
3. For section 43J of the principal Act, the following section shall be substituted, namely:––
 
Norms for accreditation of arbitrator
 
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
 
Repeal and savings
 
5. (1) The Arbitration and Conciliation (Amendment) Ordinance, 2020 is hereby repealed.
 
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
 
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India

Download Notification Click Here >>

 
 
Share

Recent Posts

  • Income Tax

AO can’t take two different stands on immunity u/s 270AA(2) for a same transaction

Immunity u/s 270AA(2) in respect of a single transaction can not be denied to one assessee when the penalty was…

49 minutes ago
  • Income Tax

ITAT held 2000 gram jewellery reasonable in view of customary practices & CBDT Instruction

ITAT deleted addition u/s 69A towards jewellery found in search in view of Indian traditions, CBDT Instruction and High Court…

19 hours ago
  • Income Tax

Documents obtained post search & information obtained from public domain not incriminating material

Documents obtained post search and information obtained from the public domain not incriminating material. Documents obtained by AO post search…

2 days ago
  • Income Tax

No second reopening for unexplained credits in bank due to bank’s name change

Information of deposits in bank did not constitute fresh information necessitating second reopening due to change in bank name In…

2 days ago
  • Empanelment

FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms

Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…

1 week ago
  • Empanelment

PGRI invites application for CAs for empanelment for Circulation Verification work

Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…

1 week ago