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The Arbitration and Conciliation Act 1996 is an Act that regulates domestic arbitration in India. [1] It was amended in 2015 and 2019. [1]The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
The 1996 Act only applies to parts of the United Kingdom. [4] In Scotland, the Arbitration (Scotland) Act 2010 [5] provides a modern statutory framework for domestic and international arbitration. In 2024, a Bill to amended the Act was introduced to the Lords, although as of November 2024 it has not progressed beyond second reading. [6]
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Due to the extremely slow judicial process, there has been a large emphasis on alternate dispute resolution mechanisms in India. While the Arbitration and Conciliation Act of 1996 is a fairly standard Western approach towards ADR, the Lok Adalat system constituted under the National Legal Services Authority Act, 1987 is a uniquely Indian approach.
Later, the Arbitration Act 1889 (52 & 53 Vict. c. 49) was passed, followed by other Arbitration Acts in 1950, 1975, 1979 and the Arbitration Act 1996 (c. 23). The Arbitration Act 1979 (c. 42) in particular limited judicial review for arbitration awards. [61]
Om Prakash Malhotra also known as O.P. Malhotra (died 2013) was a Senior Advocate in the Supreme Court of India, and a distinguished author who brought out the treatise on the Law of Industrial Disputes and authored commentary on the Law & Practice of Arbitration and Conciliation.
The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced.
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