India - The Arbitration and Conciliation - Amendment - Bill 2021 - as introduced - 4 February 2021
AS INTRODUCED IN LOK SABHA
Bill No. 16 of 2021
THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2021
A BILL further to amend the Arbitration and Conciliation Act, 1996.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows.--
1. (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it shall be deemed to have come into force 5 on the 4th day of November, 2020.
2. In the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the principal Amendment of Act), in section 36, in sub-section (3), after the proviso, the following shall be inserted and section 36. shall be deemed to have been inserted with effect from the 23rd day of October, 2015, namely:--
"Provided further that where the Court is satisfied that a prima facie case is made out that, --
(a) the arbitration agreement or contract which is the basis of the award; or
(b) the making of the award,
was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 to the award.
Explanation.--For the removal of doubts, it is hereby clarified that the above proviso shall apply to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015.".