Arbitration and conciliation (amendment) act, 2015: arbitrators and conflict of interest

Abstract

The advent of the year 2016 witnessed the passing of the Arbitration and Conciliation (Amendment) Act, 2015, amending the arbitration law – the Arbitration and Conciliation Act, 1996 – in India. It had earlier been promulgated as an ordinance in October 2015. Based on the recommendations of the 246th Report of the Law Commission of India, the Amendment sought to minimise interference of courts in arbitration proceedings, expedite the process, introduce safeguards to ensure greater fairness in the conduct of arbitration proceedings, bring the 1996 Act in conformity with international best practices, and thereby, enhance the overall effectiveness and efficiency of arbitration as , the method for the resolution of business disputes. This paper provides an insight into the issue of arbitrators and conflict of interest, as under the 2015 Amendment Act.