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Report No. 246

The Present Report by the 20th Law Commission

24. In order to undertake a study for suggesting amendments to the 1996 Act, the Ministry of Law and Justice also issued a Consultation Paper on April 08, 2010 inviting suggestions/comments from eminent lawyers, judges, industry members, institutions and various other sections of the government and other stakeholders.

25. Many written responses were received by the Ministry which were collated and studied in detail. The Ministry of Law and Justice thereafter held National Conferences in New Delhi, Mumbai and Bangalore during July/August 2010, inviting suggestions on the Consultation Paper from various significant quarters including lawyers, judges, industry, arbitration institutions and the public at large.

26. Taking into account the comments and suggestions received in writing and expressed orally in the National Conferences and discussions held thereafter, the Ministry prepared draft proposals. On the basis of the draft proposals, the Ministry prepared a 'Draft Note for the Cabinet'. Thereafter, vide F. No. A-60011/48/2010-Admn.III(LA), the Ministry of Law and Justice requested the Law Commission to undertake a study of the amendment proposed to the Act in the 'Draft Note for the Cabinet'. Accordingly the present reference came to this Commission in the aforesaid terms.

27. Pursuant to this Reference, the Law Commission set up an expert committee to study the proposed amendments and make suggestions accordingly. The Committee comprised of several eminent persons from the legal field such as Justice Rohinton Nariman (then Senior Counsel), Mr. Arvind Datar, Mr. Shishir Dholakia, Mr. Darius Khambatta, Mr. Dushyant Dave, Mr. Ciccu Mukhopadhyay, Ms. Zia Mody, Mr. N.L. Rajah, Mr. Ajay Thomas, Mr. Suhaan Mukherjee, Mr. Anirudh Krishnan, Mr. Anirudh Wadhwa, Mr. Giriraj Subramanium and Mr. Ashutosh Ray.

28. Written notes and suggestions were thereafter circulated to the Commission by Justice Rohinton Nariman, Mr. Arvind Datar, Mr. Darius Khambatta, Mr. Shishir Dholakia, Mr. Dushyant Dave and Mr. N.L. Rajah. A written note was also given separately by Mr. Gourab Banerji (then Additional Solicitor General of India).

29. Written responses were also given by various institutions like FICCI, Assocham and CII. Mr. Lalit Bhasin, Sr. Advocate, Mrs. Pallavi Shroff and Mr. Tejas Karia, Advocates on behalf of CII, and Mr. D. Sengupta on behalf of FICCI made valuable suggestions.

30. The Commission also held various rounds of discussions with Justice Jagannath Rao, former Chairman of the Law Commission and author of the earlier Report (176th Report) on the subject. The Commission also considered the views of Justice V. Ramasubarmaniam of the Madras High Court.

31. The Commission also separately held a series of discussions with Mr. Anirudh Wadhwa and Mr. Anirudh Krishnan, whose inputs were incisive, vital and require special appreciation.

32. Thereafter, upon extensive deliberations, discussions and in-depth study, the Commission has given shape to the present Report.

Amendments to the Arbitration and Conciliation Act, 1996 Back

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