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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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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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