Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

International arbitration in India continues to be governed by the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), to which no legislative amendment was made in 2014.

A.2 Trends and Tendencies

The 246th report of the Law Commission of India published in August 2014 (“LCI Report”) has recommended various amendments to the Arbitration Act. Acknowledging issues frequently arising in arbitration proceedings such as high costs and delays, the Law Commission has suggested amendments including: (i) the statutory recognition of institutional arbitration and emergency arbitrators appointed by institutions; (ii) the introduction of a model schedule of fees for arbitrators; (iii) provision for continuous hearings for evidence and argument, and restrictions on adjournment; (iv) introduction of time limits on courts to dispose applications to set aside awards and proceedings for enforcement of awards; (v) express clarification to the effect that allegations of fraud and complicated issues of fact are arbitrable;