Co-authored by Gauri Bharti (Intern)
The Arbitration & Conciliation (Amendment) Bill, 2019
was passed by Rajya Sabha on 18th July 2019 with
the intent of making India the hub of International and Domestic
Arbitration and promoting institutional arbitration. A previous
bill was cleared by Lok Sabha in August 2018 but could not be
passed by Rajya Sabha and lapsed following the dissolution of the
16th Lok Sabha. The bill contains various
substantive changes and focus of this article is to analyze one
such change that has been envisaged by the Bill in the form of
Section 42A.
This clause of the bill pertains to confidentiality of
information and imposes an obligation on the parties to maintain
the confidentiality of the arbitral proceedings. It encapsulates
one exceptional situation in which disclosure shall be permissible
– for the purpose of implementation and enforcement of the
award. The authors in this article have discussed the concept of
Confidentiality in
