Legal Updates

♦ Arbitration & Conciliation Act, 1996 is amended vide the Arbitration & Conciliation (Amendment) Act, 2015, with effect from 23 October 2015. See Amendment Act

♦ An Act providing for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and for matters connected there with and for court matters pertaining to arbitration has been promulgated with effect from 23 October 2015. See Act

♦ The Law Commission of India has brought out Report No. 246 in August 2014, recommending various amendments to the Arbitration & Conciliation Act, 1996. See Report

♦ The High Court of Madras, India has pronounced a landmark judgment on 21/02/2012 in the matter, “A.K. Balaji v. Government of India & others”, holding that foreign lawyers cannot be debarred to come to India and conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration. See judgment

♦ The Supreme Court of India has in the landmark decision "Salem Advocate Bar Association, Tamil Nadu v. Union of India" directed that all courts shall direct parties to alternative dispute resolution methods like arbitration, conciliation, judicial settlement or mediation. The draft "Civil Procedure Alternative Dispute Resolution and Mediation Rules 2003" was also considered by the Supreme Court, for enactment by respective High Courts. Direction was issued to all High Courts, Central Government and State Governments for expeditious follow-up action. See judgment