Significant Amendments To India's Arbitration Legislation.
Legal News & Analysis - Asia Pacific - India - Dispute Resolution
12 February, 2020
India has enacted significant reforms to the Arbitration and Conciliation Act 1996, the nation's most important legislation relating to both international and domestic arbitration.
Changes include the establishment of an independent body called the Arbitration Council of India, which aims to promote institutional arbitration in a jurisdiction that favors ad hoc arbitration.
Other changes include empowering arbitral institutions to appoint arbitrators where the parties disagree, rather than having to go through the courts.
However, amendments to the required qualifications for arbitrators will exclude virtually all foreign lawyers from being appointed, significantly reducing the pool of arbitrators from which an appointment can be made.
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Milton W. M. Cheng, Partner, Baker & McKenzie