The Hindu Business Line : Law Ministry seeks suggestions on changes in Arbitration Act

Mr H.R. Bhardwaj, Minister for Law and Justice, flanked by Mr Y.K. Modi, President, FICCI, and Mr Onkar S. Kanwar, President-Elect, FICCI, at the AGM of the Indian Council of Arbitration in the Capital on Sunday. — Ramesh Sharma

New Delhi , Dec. 26

THE Government has asked industry associations and bodies such as the Indian Council of Arbitration (ICA) to come up with suggestions on the possible changes that could be undertaken to the Arbitration and Conciliation Act, 1996.

Inaugurating the 39th Annual General Meeting of the ICA, the Union Law Minister, Mr H.R. Bhardwaj, made it clear that it "would not be possible to make so many changes" to the Arbitration and Conciliation Act, 1996 as envisaged in the Arbitration and Conciliation (Amendment) Bill 2003.

"This is because you will be again reverting back to the courts," the Minister said.

He said that the Arbitration and Conciliation Act 1996 was a model law and that it has worked effectively. "We will make only those changes that are very necessary. You can give me suggestions and I will decide about the changes to be made in the Budget session," Mr Bhardwaj told members of ICA here on Sunday.

Commenting on the proposed Arbitration and Conciliation (Amendment) Bill 2003, the outgoing President of ICA, Mr Yogendra K. Modi said that no amendments to the basic features of the 1996 Act should be undertaken, especially on issues such as Party Autonomy, Minimum Supervision and Interference from Courts and Institutionalised Arbitration.

"The 1996 Act is a bold initiative that promises to usher in efficient, autonomous and effective alternative systems of dispute resolution by promoting ADR methods to resolve civil and commercial disputes and for avoiding litigation in courts. It will hardly be conducive to the development of ADR culture if courts supervise the ADR process," Mr Modi said.

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