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ARTICLE · 06 NOVEMBER 2015

Arbitration And Conciliation (Amendment) Ordinance, 2015

The President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 on October 23, 2015 amending the Arbitration and Conciliation Act, 1996.

IndiaLitigation, Mediation & Arbitration

The President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 ("the Ordinance") on October 23, 2015 amending the Arbitration and Conciliation Act, 1996 ("the Act"). The said Ordinance has come into force on the date of notification i.e. October 23, 2015.

Some of the salient features of the Ordinance:

1. Jurisdiction of Indian Courts in case of international commercial arbitration [Section 2]

In case of international commercial arbitrations, no court inferior to a High Court shall have jurisdiction.

Unless the parties agree to the contrary, provisions of Section 9 (interim measures by court), 27 (court assistance in taking evidence) and 37 (1)(a) (appeal from order granting or refusing interim measure by courts) and 37(3) will also apply to international commercial arbitration even if the place of arbitration is outside India and the arbitral award made or to be made is enforceable under Part II.

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