May It Proceed To Arbitration: Dissecting Judicial Discretion In The 2015 And 2019 Indian Arbitration And Conciliation Act Amendments
Mr. Divij Kumar, Vivekananda Institute of Professional Studies, New Delhi
INTRODUCTION
The Arbitration and Conciliation Act 1996 is India’s most authoritative codification on arbitration enacted to consolidate and amend the arbitration law in India. It replaced three operational acts on arbitration and includes provisions for domestic arbitration, international commercial arbitration and the enforcement of foreign arbitral awards. As an act, it is extended to the whole of India, including Kashmir, which has undergone some significant amendments over the years. Most recently, it was amended in the year 2021. Section 8 of the Arbitration and Conciliation Act 1996 provides for the inherent powers of judicial authority to refer parties to arbitration on the existence of an arbitration agreement.
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