header-logo header-logo

22 March 2019 / Shamilee Arora , Arish Bharucha
Issue: 7833 / Categories: Features , Arbitration , ADR , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll