The government is seeking public input on the arbitration and conciliation project

Seeking to give “further impetus” to institutional arbitration and reduce court intervention in such cases, the government has drafted a bill seeking views on the proposed amendments.

The Department of Legal Affairs in the Ministry of Law has invited comments on the Arbitration and Conciliation (Amendment) Bill 2024, saying “the object and purpose is to give further impetus to institutional arbitration, to reduce court intervention in arbitration and to ensure timely conclusion of arbitration proceedings”.

The 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 draft law proposes the concept of “emergency arbitration”.

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

The designated emergency arbitrator will conduct the proceedings in the manner specified by the (arbitration) board.

At the same time, the draft law also omits some of the clauses of this law.

One of the omitted clauses refers to the submission of proposed referrals issued, in both Houses of Parliament when it is in session.

The omitted clause read: “A copy of each notice proposed to be issued… Shall be laid in draft before each House of Parliament, during the session thereof, for a total period of 30 days which may be contained in a single session or in two or more successive sessions and if, before the expiration of the session immediately following the session or successive sessions mentioned above, both Houses agree to disapprove of the issue of the notice or both Houses agree to make any change in the notice, the notice shall not be issued or, as the case may be, will be issued only in a modified form agreed by both Houses of Parliament”.

Addressing an event here last year, Vice President Jagdeep Dhankhar lamented that retired judges have kept the country’s arbitration system in a tight grip, denying a chance to other qualified minds. He said that India is known for its rich human resources but they are not taken to adjudicate the arbitral process.

Successive governments have made efforts to make India a center of international arbitration on the lines of London and Singapore, with limited success. Pioneer News Service in New Delhi

Seeking to give “further impetus” to institutional arbitration and reduce court intervention in such cases, the government has drafted a bill seeking views on the proposed amendments.

The Department of Legal Affairs in the Ministry of Law has invited comments on the Arbitration and Conciliation (Amendment) Bill 2024, saying “the object and purpose is to give further impetus to institutional arbitration, to reduce court intervention in arbitration and to ensure timely conclusion of arbitration proceedings”.

The 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 draft law proposes the concept of “emergency arbitration”.

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

The designated emergency arbitrator will conduct the proceedings in the manner specified by the (arbitration) board.

At the same time, the draft law also omits some of the clauses of this law.

One of the omitted clauses refers to the submission of proposed referrals issued, in both Houses of Parliament when it is in session.

The omitted clause read: “A copy of each notice proposed to be issued… Shall be laid in draft before each House of Parliament, during the session thereof, for a total period of 30 days which may be contained in a single session or in two or more successive sessions and if, before the expiration of the session immediately following the session or successive sessions mentioned above, both Houses agree to disapprove of the issue of the notice or both Houses agree to make any change in the notice, the notice shall not be issued or, as the case may be, will be issued only in a modified form agreed by both Houses of Parliament”.

Addressing an event here last year, Vice President Jagdeep Dhankhar lamented that retired judges have kept the country’s arbitration system in a tight grip, denying a chance to other qualified minds. He said that India is known for its rich human resources but they are not taken to adjudicate the arbitral process.

Successive governments have made efforts to make India a center of international arbitration on the lines of London and Singapore, with limited success.