INDIA’S NEW ARBITRAL HORIZON: EVALUATING THE DRAFT ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2024

Arbitration continues to develop as a critical way to resolve commercial disputes, particularly when cross-border. India's arbitration regime has drastically changed as a result of the 2015 and 2019 amendments, but several operational challenges persist. For instance, institutional support is limited, there is confusion about emergency arbitration, and excessive judicial intervention. To address these issues, the Expert Committee on Arbitration Law was created, headed by Dr. T.K. Vishwanathan, which submitted its report in February 2024. Months later, the Draft Arbitration and Conciliation (Amendment) Bill, 2024 was put out for public review. This article will analyze the salient features and dangers in the Draft Bill from both a legal and practical perspective.