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Legal development of Arbitration Laws in India.
Introduction:
Arbitration is an alternative dispute resolution mechanism where the parties involved in a dispute opt for a private settlement instead of going to court. In India, arbitration has been recognized as an effective dispute-resolution mechanism since the 19th century. However, the legal framework governing arbitration has undergone significant changes over the years. This research note aims to provide an overview of the legal development of arbitration laws in India, including the major legislative changes and judicial interpretations.
The Early Legal Framework:
The Indian Arbitration Act of 1899, based on the English Arbitration Act of 1889, was the first legislation that governed arbitration in India. The Act provided a comprehensive legal framework for the conduct of arbitration proceedings, including the appointment of arbitrators, the conduct of proceedings, and the enforcement of awards. However, the Act had some shortcomings, which resulted in delays and difficulties in the enforcement of awards.
The Indian Arbitration Act of 1940:
The Indian Arbitration Act of 1940 replaced the 1899 Act and remained in force for more than five decades. The 1940 Act was based on the English Arbitration Act of 1934 and provided a more comprehensive legal framework for the conduct of arbitration proceedings. The Act defined arbitration agreements and provided for the appointment of arbitrators, the conduct of proceedings, and the enforcement of awards. The Act also provided for the setting aside of awards and the appeal of awards to the court.
The 1996 Arbitration and Conciliation Act:
The Arbitration and Conciliation Act of 1996 replaced the 1940 Act and brought India's arbitration laws in line with international standards. The 1996 Act was based on the UNCITRAL Model Law on International Commercial Arbitration and provided a more modern and comprehensive legal framework for the conduct of arbitration proceedings. The Act defined the scope of the arbitration agreement, and provided for the appointment of arbitrators, the conduct of proceedings, and the enforcement of awards.
The 1996 Act also introduced some significant changes to the legal framework governing arbitration in India. For example, the Act provided for the appointment of an independent arbitrator in cases where the parties failed to agree on an arbitrator. The Act also limited the court's interference in arbitration proceedings and provided for the finality of awards. The Act also introduced the concept of institutional arbitration, where an institution would administer the arbitration proceedings.
Recent Developments:
Since the enactment of the 1996 Act, there have been several judicial interpretations and legislative changes that have further strengthened the legal framework governing arbitration in India. Some of the significant developments are:
The 2015 Amendment Act:
The 2015 Amendment Act introduced some significant changes to the 1996 Act to make arbitration in India more efficient and cost-effective. The Amendment Act reduced the time limit for the disposal of arbitration proceedings and introduced provisions for the fast-track resolution of disputes. The Amendment Act also introduced provisions for the appointment of an emergency arbitrator and for the interim relief of parties.
The Bhatia International Judgment:
The Bhatia International judgment was a landmark judgment of the Supreme Court of India that held that the Indian courts had jurisdiction to grant interim relief in foreign-seated arbitrations. The judgment was later overruled by the BALCO judgment, which held that Indian courts could not grant interim relief in foreign-seated arbitrations. The BALCO judgment has been widely criticized for limiting the power of Indian courts to grant interim relief in foreign-seated arbitrations.
