India had enacted its Arbitration and Conciliation Act, 1996 after repealing and merging the earlier Acts which governed domestic arbitrations and enforcement of foreign awards separately At the very introduction of the 1996 Act, few problem areas were recognised by Indian Legal and Economic Forum which was led by eminent Indian Senior Counsel, Shishir Dholakia. A writ petition was filed in the Supreme Court of India with regard to that. We have secured a copy of the petition. The petition is academically very stimulating and gives a lot of food for thought to everyone involved in domestic as well as international arbitration community. It is below:
Thanks for uploading the petition. As can be inferred from a perusal of the petition, the drafting of the Act seems to be done in secrecy sans any consultation or discussions with experts in law.
ReplyDeletenice post
ReplyDeletethanks for sharing