Arbitration and Conciliation Amendment Act 2015 Key Insights

The Arbitration and Conciliation (Amendment) Act, 2015 was a landmark reform in India’s arbitration landscape, aimed at streamlining processes, reducing delays, and minimizing judicial interference. Rooted in the Law Commission's 246th Report, the Act amended key provisions like Sections 9, 11, 17, 34, and 36, emphasizing efficiency and procedural clarity.
A central debate emerged regarding its applicability—whether prospective or retrospective. Section 26 clarified that the amendments apply prospectively to arbitral proceedings initiated post-October 23, 2015, while court proceedings commenced after the date would follow the amended provisions. The Supreme Court in BCCI v. Kochi Cricket (2018) held that the amendments abolishing automatic stays under Section 36 could apply retrospectively to court proceedings.
Subsequent cases like Ellora Paper Mills (2022) and Shree Vishnu Constructions (2023) provided nuanced interpretations, gradually consolidating the framework. Recent decisions affirm parties' flexibility to adopt the amended provisions even for older arbitrations, fostering adaptability.
The Act underscores India's commitment to pro-arbitration reforms, building trust among domestic and global stakeholders in its dispute resolution mechanisms.

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