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22 March 2019 / Shamilee Arora , Arish Bharucha
Issue: 7833 / Categories: Features , Arbitration , ADR , Profession
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ADR in India: modernisation & harmonisation

Shamilee Arora & Arish Bharucha review recent developments in Indian arbitration & insolvency law

 
  • In a rapidly developing economic climate, the Indian legislative framework is evolving to accommodate the needs of commercial parties as they have recourse to the Indian legal system.

In the first section of this article, we consider the changes in the legal framework in relation to arbitration —a fast growing means of dispute resolution for commercial parties both from within India and foreign entities investing in India. In Section II, we consider the recent modernisation and harmonisation of the statute in relation to the insolvency of commercial entities (with the exception of financial services providers and institutions) by means of the Insolvency and Bankruptcy Code 2016 (the 2016 Code).

Commercial arbitration

In 2015, the Arbitration and Conciliation Act 1996 (the 1996 Act) which governs arbitrations seated in India, was amended by means of the Arbitration and Conciliation (Amendment) Act 2015 (the Amendment). The main aim of the Amendment was to modernise and update the

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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