Monday, February 29, 2016

Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

 20. In section 37 of the principal Act, in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:—
 “(a) refusing to refer the parties to arbitration under section 8;
 (b) granting or refusing to grant any measure under section 9;
 (c) setting aside or refusing to set aside an arbitral award under section 34.”.


-Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

-Amendment of Section 56  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996

Amendment of Section 56 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

 23. In section 56 of the principal Act, the Explanation shall be renumbered as Explanation 1 thereof, and after the Explanation 1 as so renumbered, the following Explanation shall be inserted, namely:—

 ‘Explanation 2.——In this section and in the sections following in this Chapter, “Court” means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.’


-Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

-Amendment of Section 56  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996

Amendment of Section 47 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

21. In section 47 of the principal Act, for the Explanation, the following Explanation shall be substituted, namely:—
 ‘Explanation.——In this section and in the sections following in this Chapter, “Court” means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject matter of a suit on its original civil» jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.

-Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

-Amendment of Section 56  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996

Amendment of section 48 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

22. In section 48 of the principal Act, for the Explanation to sub-section (2), the following Explanations shall be substituted, namely—
«- “Explanation l.—For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,——
' (i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or
 (ii) it is in contravention with the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice. Explanation 2.—-For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute”.



Amendment of Section 57 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

24. In section 57 of the principal Act, in sub—section (1), for the Explanation, the following Explanations shall be substituted, namely:- “Explanation 1.- For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,—
 (i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or
(ii) it is in contravention with \the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice. ' Explanation 2.- For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.



-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015


-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015


-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015


-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996