Arbitration And Conciliation (Amendment) Act, 2019- An Attempt To Further Promote Arbitration

Introduction

Latest in the series of attempts by the Indian Government to promote India as an arbitration-friendly destination after the New Delhi International Arbitration Centre Act, 2019 is the Arbitration and Conciliation (Amendment) Act, 2019 (Amendment Act / 2019 Amendments) that received the Presidential assent on 9 August 2019. Two predominant features underlying most changes brought about by the Amendment Act are – (i) an attempt to further reduce the scope of judicial intervention in arbitration and proceedings in connection thereto; and (ii) an attempt to expedite the arbitration process; both being quintessential characteristics of arbitration as an effective alternative to court proceedings for disputes resolution. In the interests of specificity and brevity, we have limited the scope of this article to a critical scrutiny of the significant changes brought by the Amendment Act and the practical implications of the same. The article should not be