Litigation & Dispute Resolution 2016

Prospective Applicability of Indian Arbitration and Conciliation Amendment Act, 2015: Latest Ruling by the Bombay High Court

Based on recommendations made by Law Commission of India, on 23 October 2015, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (Arbitration Ordinance) which introduced some crucial amendments to the Arbitration and Conciliation Act, 1996 (Principal Act) with immediate effect. Subsequently, upon sanctions from both the houses of the Parliament, with President's assent, the Arbitration Ordinance was notified as the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act) on 1 January 2016.

The amendments introduced under the Arbitration Ordinance and the Amendment Act came into force on 23 October 2015 and since then there have been divergent views taken by few High Courts on applicability of amendments to the existing proceedings.