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Experts wary of govt influence over proposed Arbitration Council of India

Apart from the structure of the arbitration council, the confidentiality clause during the arbitral proceedings is a bone of contention among experts

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Illustration by Binay Saha

Aashish Aryan
In August, when the Lok Sabha passed the Arbitration and Conciliation Bill (Amendment) Bill, 2018, many experts termed it retrograde and detrimental for the purposes of arbitration and conciliation. The Bill is likely to be introduced in the Rajya Sabha during the ongoing winter session. Experts are again apprehensive of what they call gaping holes in the Bill and have called for certain amendments before it becomes a law. 

Among other provisions, the Bill seeks to establish an independent body called the Arbitration Council of India. Though envisaged as an independent body, the council will only have individuals nominated by the