Title: The Upper Crust and The Underbelly of Arbitration in India - Mumbai Chapter
Author(s): Justice Roshan Dalvi (Retd.) (View Profile)
Journal: Indian Review of International Arbitration
This article examines the merits and demerits of the Arbitration and Conciliation Act, 1996 which has been amended in 2015, 2019 and 2021. It shows how the culture of arbitration, which had failed to deliver by the twin ills of delay and cost, were sought to be remedied by legislation, mainly the amendments to the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act, 2015, (brought into force from 23rd October 2015), which have not been adhered to by many and diluted by later amendments in 2019 and 2021 taking away the hope of a fine system that was ushered in. The author gives full credit to the amendments of 2015 (the 2015 Act) and laments the later dilution. The article examines how the 2015 Act enhanced expedition and discipline of work by illustrations of the author’s own cases. The article also addresses the issue of fees for arbitrators incorrectly raised and demonstrates how the work ethics and remuneration therefor are commensurate and must be acted upon together.
The article then sets out how the legislation under the 2015 Act reflects 10 tested sound business principles for streamlining work.
The author has suggested her own remedy in her practice encapsuled in an acronym AAMIEAA for the essence of arbitration work and shown how the combination of Arbitration and Mediation becomes a successful remedy for businesspersons.
Keywords: Arbitration and Conciliation Act, 1996; Arbitration and Conciliation (Amendment) Act, 2015; Arbitration and Conciliation (Amendment) Act, 2019; Arbitration and Conciliation (Amendment) Act, 2021
*The views expressed are of author(s) only.