Since the much-awaited amendments to the Arbitration & Conciliation Act, 1996 in India on October 23, 2015, several conflicting judgments have been passed by various High Courts on key amendments, including retrospective / prospective applicability of amendments and appointment of public sector employees as arbitrators. It is anticipated that majority of these conflicts will be straightened out by the Supreme Court in 2017 to pave the way forward for purposive interpretation of the amendments, speedy and cost-effective arbitrations, and minimum court intervention. The stage is set to give effect to the laudable intention of the legislators in fortifying the arbitration regime in India.
Kshama Loya Modani - Senior Member, and Vyapak Desai - Head, International Litigation & Dispute Resolution have recently written an article which was published in the Legal Era Magazine (February, 2017 Edition). The article can be accessed from the link provided below:
Arbitration (Amendment) Act, 2015 – What to expect in 2017
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.