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 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 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

-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

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

THE FlFTH SCHEDULE

 [See section 12 (I)(b)]

The following grounds give rise to justifiable doubts as to the independence or impartiality of arbitrators :
 Arbitrator’s relationship with the parties or counsel

1. The arbitrator is an employee, consultant, adviser or has any other past or present business relationship with a party.
 2. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties. 3. The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties.
 4. The arbitrator is a lawyer in the same law firm which is representing one of the parties.
 5. The arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration. .
 6. The arbitrator’s law firm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself.
 7. The arbitrator’s law firm currently has a significant commercial relationship with one Of the parties or an affiliate ’ of one of the parties.
 8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitrator nor his or her firm derives a significant financial income therefrom.
9. The arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company.
 10. A close family member of the arbitrator has a significant financial interest in one of the par-ties or an affiliate of one of the parties. ll.The arbitrator is a legal representative of an entity that is a party in the arbitration.
12. The arbitrator is a manager, director or part of the management, or has a similar controlling influence in one of the parties.
13. The arbitrator has a significant financial interest in one of the parties or the outcome of the case. 14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom.

 Relationship of the arbitrator to the dispute 

15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an affiliate of one of the parties.
 16. The arbitrator has previous involvement in the case.

 Arbitrator’s direct or indirect interest in the dispute 

' 17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one of the parties that is privately held.
18. A close family member of the arbitrator has a significant financial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute.

• The Fifth  Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter

-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

Justifiable Ground for the Independence or impartiality of the Arbitrator :- Relationship between an arbitrator and another arbitrator or counsel.

Justifiable Ground for the Independence or impartiality  of the Arbitrator

Relationship between an arbitrator and another arbitrator or counsel.

 25. The arbitrator and another arbitrator are lawyers in the same law firm.
 26. The arbitrator was within the past three years a partner of, or otherwise affiliated with, another arbitrator or any of the counsel in the same arbitration.
27. A lawyer in the arbitrator’s law firm is an arbitrator in another dispute involving the same party or parties or an affiliate of one of the parties.
 28. A close family member of the arbitrator is a partner or employee of the law firm representing one of the parties, but is not assisting with the dispute.
29. The arbitrator has within the past three years received more than three appointments by the same counsel or the same law firm.

• The Fifth Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter