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ARTICLE · 01 JULY 2020

Independence & Impartiality Of Arbitrator- Scheme Under The Arbitration & Conciliation Act, 1996

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Independence, impartiality & neutrality of the arbitrator is essential for fair, free & unbiased arbitral proceedings while adhering to the principal of natural justice.

IndiaLitigation, Mediation & Arbitration

Independence, impartiality & neutrality of the arbitrator is essential for fair, free & unbiased arbitral proceedings while adhering to the principal of natural justice. On December 31, 2015, the Arbitration and Conciliation (Amendment) Act, 2015 was passed (with effect from October 23, 2015) to ensure improved efficiency of international commercial arbitrations in India. The aspect of mutuality, independence & impartiality has been given special emphasis under the scheme of amended Arbitration Act. The 2019 amendment to Arbitration & Conciliation Act 1996 (the Act) also inserted an Eighth Schedule prescribing general norms applicable to the arbitrator emphasizing on the impartial and neutral stand of the arbitrator in the proceedings.

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