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ARTICLE · 09 NOVEMBER 2020

Arbitration And Conciliation (Amendment) Ordinance, 2020

The President of India has promulgated Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) to further amend the Arbitration and Conciliation Act, 1996.

IndiaLitigation, Mediation & Arbitration

The President of India has promulgated Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) to further amend the Arbitration and Conciliation Act, 1996 (Act). The ordinance ensures that all the stakeholders get an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or making of the arbitral award is induced by fraud or corruption.

Through the Ordinance, changes have been made to the following parts of the Arbitration and Conciliation Act, 1996 (Act):

  • Section 36
    • A Proviso to Section 36 of the Act has been added which states that a Court must grant an unconditional stay where a prima-facie case of fraud or corruption has been made out.

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