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May It Proceed To Arbitration: Dissecting Judicial Discretion In The 2015 And 2019 Indian Arbitratio

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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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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