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Vol. 201 | April-June, 2019 Vol. 201 | April-June, 2019 INDIAN COUNCIL OF ARBITRATION Dedicated to Arbitration for Over Five Decades STATEMENT OF PURPOSE The ICA Arbitraon Quarterly, published by the Indian Council of Arbitraon, aims to be a scholarly journal to EDITORIAL BOARD provide independent plaorm and ensure in-depth studies of the most important current issues in Domesc and Mr. N. G. Khaitan Internaonal Arbitraon, giving it even more urgency as a forum for original thinking, threadbare analysis and Mr. Dilip Chenoy reporng on regional and global trends in order to contribute Mr. Naresh Markanda to the promoon and development of arbitraon pracces. ICA, as such, welcomes the contribuon from the intending Mr. R. K. Sanghi writers on issues relang to domesc, marime and Mr. Suman Jyo Khaitan internaonal commercial arbitraon. Intending writers are Contents requested to read and understand “Guidelines for Authors” Mr. R. P. Singh given on the inner side of the Back Cover of this Journal. The persons, intending to contribute in the Quarterly, may send FROM THE PRESIDENT’S DESK 05 Mr. Ashok Sharma arcle to: ARTICLES Mr. Arun Chawla The Editor 2019 Amendment Act - A Crique................................................................................................. 07 Mr. Abhay Kumar Jain ICA Arbitraon Quarterly By: Dr. P.C. Markanda, Senior Advocate ; Mr. Naresh Markanda, Senior Advocate; Indian Council of Arbitraon Mr. Rajesh Markanda, Advocate ; Ms. Harpreet K. Gill, Advocate Federaon House, Tansen Marg, New Delhi- 110001 Internaonal Arbitraon : Secon 45 of the Indian Arbitraon Act 1996 and EDITOR Email: editor.ica@ficci.com; ica@ficci.com its implicaons aer the Amendment of 2019........................................................................... 16 Mr. Vinay Kumar Sanduja By: Mr. R.K Saghi, Advocate Emergency Arbitraons and Emergency Arbitrators................................................................ 23 By: Mr. Sunil Malhotra Note: PASSAGE OF ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019 37 The submied arcle shall imply automac transfer of copyright of the author on the arcle to the publisher of the ARBITRATION AND ADR ROUNDUPS 39 Quarterly. Any reproducon of the printed arcle in the Quarterly or any part thereof without the permission of the PHOTO GALLERY 46 Council will tantamount to violaon of copyright. CASE HIGHLIGHTS 47 Publisher: RE-ACT 57 Indian Council of Arbitraon READERS’ ASK 58 Federaon House, Tansen Marg, New Delhi- 110001 MEMBERSHIP UPDATION FORM 59 ICA ARBITRATION MODEL CLAUSES 60 Disclaimer: The views expressed in the arcles here are solely those of the authors in his private capacity and do not in any way represent the views of the Indian Council of Arbitraon or Editor, ICA or the Editorial Board of the ICA Arbitraon Quarterly. STATEMENT OF PURPOSE The ICA Arbitraon Quarterly, published by the Indian Council of Arbitraon, aims to be a scholarly journal to EDITORIAL BOARD provide independent plaorm and ensure in-depth studies of the most important current issues in Domesc and Mr. N. G. Khaitan Internaonal Arbitraon, giving it even more urgency as a forum for original thinking, threadbare analysis and Mr. Dilip Chenoy reporng on regional and global trends in order to contribute Mr. Naresh Markanda to the promoon and development of arbitraon pracces. ICA, as such, welcomes the contribuon from the intending Mr. R. K. Sanghi writers on issues relang to domesc, marime and Mr. Suman Jyo Khaitan internaonal commercial arbitraon. Intending writers are Contents requested to read and understand “Guidelines for Authors” Mr. R. P. Singh given on the inner side of the Back Cover of this Journal. The persons, intending to contribute in the Quarterly, may send FROM THE PRESIDENT’S DESK 05 Mr. Ashok Sharma arcle to: ARTICLES Mr. Arun Chawla The Editor 2019 Amendment Act - A Crique................................................................................................. 07 Mr. Abhay Kumar Jain ICA Arbitraon Quarterly By: Dr. P.C. Markanda, Senior Advocate ; Mr. Naresh Markanda, Senior Advocate; Indian Council of Arbitraon Mr. Rajesh Markanda, Advocate ; Ms. Harpreet K. Gill, Advocate Federaon House, Tansen Marg, New Delhi- 110001 Internaonal Arbitraon : Secon 45 of the Indian Arbitraon Act 1996 and EDITOR Email: editor.ica@ficci.com; ica@ficci.com its implicaons aer the Amendment of 2019........................................................................... 16 Mr. Vinay Kumar Sanduja By: Mr. R.K Saghi, Advocate Emergency Arbitraons and Emergency Arbitrators................................................................ 23 By: Mr. Sunil Malhotra Note: PASSAGE OF ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019 37 The submied arcle shall imply automac transfer of copyright of the author on the arcle to the publisher of the ARBITRATION AND ADR ROUNDUPS 39 Quarterly. Any reproducon of the printed arcle in the Quarterly or any part thereof without the permission of the PHOTO GALLERY 46 Council will tantamount to violaon of copyright. CASE HIGHLIGHTS 47 Publisher: RE-ACT 57 Indian Council of Arbitraon READERS’ ASK 58 Federaon House, Tansen Marg, New Delhi- 110001 MEMBERSHIP UPDATION FORM 59 ICA ARBITRATION MODEL CLAUSES 60 Disclaimer: The views expressed in the arcles here are solely those of the authors in his private capacity and do not in any way represent the views of the Indian Council of Arbitraon or Editor, ICA or the Editorial Board of the ICA Arbitraon Quarterly. FROM THE PRESIDENT'S DESK minent readers of the ICA Arbitraon Quarterly must be aware of the recent passage of the Arbitraon and Conciliaon (Amendment) Act, 2019 as a step Etowards the Government's objecve of making India an arbitraon hub. Government has already nofied certain secons of the Amendment Act, 2019. The major thrust of the Amendment Act, 2019 is to strengthen instuonal arbitraon in the country by providing for “Appointment of Arbitrators” by the “Arbitral Instuons” designated by the Supreme Court or High Court and where no graded arbitral instuons are available, the Chief Jusce of the concerned High Court are required to maintain a panel of arbitrators for discharging the funcons and dues of arbitral instuons. Amendment Act of 2019 has also inserted a new Part 1A to the Arbitraon and Conciliaon Act, 1996 for the establishment and incorporaon of an independent body namely, the Arbitraon Council of India mainly for the purpose of grading of arbitral instuons and accreditaon of arbitrators. To further improve the arbitraon process, amongst others, Amendment Act of 2019 has inserted- a new Secon 42A relang to confidenality of informaon by the arbitrator, the arbitral instuons and the pares; a new Secon 42B relang to protecon of arbitrator for acon taken in good faith has also been provided; also amendment to Secon 23 of the Act has been done to provide for compleon of pleadings within a period of six months from the date the arbitrator receives the noce of appointment which will amend the start date for the computaon of 12 month me limit of passing the award. These are important amendments and will further strengthen arbitraon landscape in India. As we move forward, certain issues and concerns will need to be set right and there is always room for further improvement. At ICA we will connue our efforts to further popularise arbitraon as a means to resolve disputes and at the same me also connue to make endeavours for professional development of our members. I wish our members and august readers a happy fesve period ahead ! N.G.Khaitan FROM THE PRESIDENT'S DESK minent readers of the ICA Arbitraon Quarterly must be aware of the recent passage of the Arbitraon and Conciliaon (Amendment) Act, 2019 as a step Etowards the Government's objecve of making India an arbitraon hub. Government has already nofied certain secons of the Amendment Act, 2019. The major thrust of the Amendment Act, 2019 is to strengthen instuonal arbitraon in the country by providing for “Appointment of Arbitrators” by the “Arbitral Instuons” designated by the Supreme Court or High Court and where no graded arbitral instuons are available, the Chief Jusce of the concerned High Court are required to maintain a panel of arbitrators for discharging the funcons and dues of arbitral instuons. Amendment Act of 2019 has also inserted a new Part 1A to the Arbitraon and Conciliaon Act, 1996 for the establishment and incorporaon of an independent body namely, the Arbitraon Council of India mainly for the purpose of grading of arbitral instuons and accreditaon of arbitrators. To further improve the arbitraon process, amongst others, Amendment Act of 2019 has inserted- a new Secon 42A relang to confidenality of informaon by the arbitrator, the arbitral instuons and the pares; a new Secon 42B relang to protecon of arbitrator for acon taken in good faith has also been provided; also amendment to Secon 23 of the Act has been done to provide for compleon of pleadings within a period of six months from the date the arbitrator receives the noce of appointment which will amend the start date for the computaon of 12 month me limit of passing the award. These are important amendments and will further strengthen arbitraon landscape in India. As we move forward, certain issues and concerns will need to be set right and there is always room for further improvement. At ICA we will connue our efforts to further popularise arbitraon as a means to resolve disputes and at the same me also connue to make endeavours for professional development of our members. I wish our members and august readers a happy fesve period ahead ! N.G.Khaitan 2019 AMENDMENT ACT - A CRITIQUE Dr. P.C. Markanda Naresh Markanda Rajesh Markanda Harpreet K. Gill Senior Advocate Senior Advocate Advocate Advocate The 1996 Act came into force on 16 August 1996(¹) 1) Establishment of Arbitraon Council of India: superseding the Arbitraon Act, 1940. Large scale changes were made for the beerment of the arbitral funconing, yet it lacked vital provisions which could There was a long felt need to establish an infuse efficiency in arbitral system. This was made up to Arbitration Council in India, which has been fulfilled a very large extent by the 2015 Amendment Act which by the Amending Act.
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