COMMERCIAL ARBITRATION

Prevailing Arbitration Statute
The Arbitration and Conciliation Act, 1996
(as amended in 2021)

Ordinances

Arbitration and Conciliation (Amendment) Ordinance, 2020

The New Delhi International Arbitration Centre Ordinance, 2019

Latest Amendment to the Arbitration Act

Arbitration and Conciliation (Amendment) Act, 2021

Arbitration and Conciliation (Amendment) Act, 2019

Erstwhile Arbitration Statutes

The Arbitration Act, 1940

The Foreign Awards (Recognition and Enforcement) Act, 1961

The Arbitration (Protocol and Convention) Act, 1937

Rules of Arbitration et. al. 

Section 89, Civil Procedure Code, 1908

High Courts

• Bombay High Court:
  • Rules relating to the Arbitration and Conciliation Act, 1996 [Original Side]
  • Bombay High Court (Fees Payable to Arbitrators) Rules 2018
• Delhi High Court:
  • Scheme for Appointment of Arbitrators, 1996
  • Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2018
• Madras High Court: The Madras Arbitration Centre (MHCAC) (Internal Management) Rules, 2014
• Karnataka High Court:  Arbitration and Conciliation Centre Rules, 2012 (Bangalore) (as amended with effect from 5 July 2016)

Institutions

• Rules of the Mumbai Centre for International Arbitration, 2017

Documents on Legislative Reform

2017 – Report of the High Level Committee to Review the Institutionalisation of Arbitration Mechanism in India, chaired by Justice B. N. Srikrishna, Retired Judge of the Supreme Court of India 

2015 – Supplementary Report to the 246th Report of the Law Commission: Public Policy in Arbitration, Developments post the Report No. 246

2014 – 246th Report of the Law Commission: Amendments to the Arbitration and Conciliation Act, 1996

1978 – 76th Report of the Law Commission: Arbitration Act, 1940

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INDUS WATERS TREATY ARBITRATION

2013 – Press release: Court of Arbitration Renders its Final Award
in the First Arbitration under the Indus Waters Treaty 1960 (summary of the final award)

Text of the award in the Arbitration regarding the Indus Waters Kishenganga between Pakistan and India, Permanent Court of Arbitration (including the texts of all below)

• Order on Interim Measures of 23 September 2011
• Partial Award of 18 February 2013
• Decision on India’s Request for Clarification or Interpretation of 20 December 2013
• Final Award of 20 December 2013

Full text of the Indus Waters Treaty 1960 between the Government of India, The Government of Pakistan and the International Bank for Reconstruction and Development (signed at Karachi on 19 September 1960)

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INVESTMENT ARBITRATION

Texts and status of each of India’s BITs

Model Text

2016- Model Text for the Indian Bilateral Investment Treaty 

2015 – 260th Report of the Law Commission: Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty 

Awards involving India

Nissan Motor Co., Ltd. v. Republic of India, PCA Case No. 2017-37, (Decision on Jurisdiction, 29 April 2019) [source credit: ITA Law and IA Reporter]

White Industries Australia Limited v. Republic of India, UNCITRAL, Final Award (30 November 2011)

News and Developments

2020 –

Vodafone v. India – End of a Saga? (The Wire)

Nissan settles dispute with Indian state over unpaid dues – sources (Reuters)

2018

Louis Dreyfus Armateurs SAS v. The Republic of India (PCA Case No. 2014-26),  Final Award dated 11 September 2018 (not available)
[India wins arbitration against French co LDA]

2017

Letter from India’s Finance Minister to the Prime Minister’s Office in regarding 23 investment arbitration claims faced by India (first uploaded by the Wire)

2016

India issues joint interpretative statements for India’s BITs with 25 States (Office Memorandum by Ministry of Finance, Department of Economic Affairs, Investment Division)

Judgments of Indian Courts

• Delhi High Court
  • Union of India v Khaitan Holdings (Mauritus) Limited & Ors, decided on 29 January 2019
  • Union Of India vs Vodafone Group Plc United Kingdom & Anr, decided on 7 May 2018
• Calcutta High Court
  • The Board of Port Trustees of the Port of Kolkata v Louis Dreyfus Armatures SAS & Ors, decided on 29 September 2014

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INTERNATIONAL COMMERCIAL ARBITRATION

COVID-19 Measures

ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic

LCIA Services Update: COVID-19

Research Guide

International Commercial Arbitration Research Guide, Georgetown Law Library

United Nations Commission on International Trade Law

Text of the UNCITRAL Model Law on International Commercial Arbitration (revised in 2006)

Explanatory Note to the UNCITRAL Model Law

UNCITRAL Arbitration Rules

Rules of Arbitration Institutions

• International Chamber of Commerce (2017)
• Singapore International Arbitration Centre (2016)
• London Court of International Arbitration (2014)
• Permanent Court of Arbitration, Hague, the Netherlands (2012)
• Arbitration Institute, Stockholm Chamber of Commerce (2017)
• Hong Kong International Arbitration Centre (2013)
• World Intellectual Property Organisation, Geneva, Switzerland  (2014)
• Court of Arbitration for Sport, Lausanne, Switzerland

Arbitration Statutes of Foreign Jurisdictions

• Singapore:
  • International Arbitration Act, 2002
  • Arbitration Act, 2002
• United Kingdom: Arbitration Act, 1996

Soft Laws and Practice Notes

• IBA Rules on the Taking of Evidence in International Commercial Arbitration, 2010Sample Redfern Schedule (ICSID)
• Rules on the Efficient Conduct of Proceedings in International Arbitration, 2018 (Prague Rules)
• ICC Practice notes, forms and checklists
• SIAC Practice Notes

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