Professional Documents
Culture Documents
(https://www.linkedin.com/company/wolters-kluwer)
(https://www.youtube.com/user/WoltersKluwerComms)
The over-cautious approach under the Arbitration Act, 1940 (https://indiankanoon.org/doc/1052228/), where the imprimatur of the
Court was a pre-requisite to the enforcement of an arbitral award, was done away with by the 1996 Act. In fact, in conferring direct
enforceability upon arbitral awards, the 1996 Act went a step further than the UNCITRAL Model Law
(https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/06-54671_ebook.pdf) (“Model Law”) which allowed
an award-debtor to resist the award at both the challenge stage (Article 34) and at the enforcement or recognition stage (Article 36).
At the outset is evident that the 2021 Amendment undermines this trajectory.
By the 2021 Amendment, disposal of a Section 36 application would (in most cases) require the Court to form a prima facie view that
there has been no fraud or corruption in securing the contract or in the making of the award. The fact that such a finding shall
nonetheless be subject to the eventual decision in the Section 34 application does not mitigate the hurdle since, on average, the
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 1/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
final disposal of such proceedings (including appeals to the Supreme Court) which may be expected to take up to six years (See
Paragraph 3 of the HCC Case (https://indiankanoon.org/doc/102230863/)). In this manner, the 2021 Amendment reintroduces the
hurdle to enforcement (in cases of alleged fraud or corruption), representing a retrogression in the arbitral regime.
Even within the realm of Section 36 proceedings, the 2021 Amendment could cause substantial mischief.
One of the major reasons for bringing in the 2015 Amendment was the observation of the Supreme Court in National Aluminium
Company (https://indiankanoon.org/doc/434621/), that the automatic stay jurisprudence
(https://arbitrationblog.kluwerarbitration.com/2020/02/15/indian-supreme-court-strikes-down-automatic-stay-provisions-for-
good/#:~:text=The%20automatic%20stay%20provision%20enables,at%20the%20expense%20of%20arbitration.) left “no discretion in
the court to put the parties on terms” which defeated “the very objective of the alternate dispute resolution system”. This grievance
found succour with the 246th Law Commission Report as well, which recognised the paralytic effect of the same and recommended
changing the law.
The legislative antidote to allay such concerns was to confer upon the Court powers to deal with enforcement claims akin to those
conferred upon civil courts under Order 41 Rule 5 of the Civil Procedure Code, 1908
(https://legislative.gov.in/sites/default/files/A1908-05.pdf) (“CPC”) (See Proviso to Section 36 of the 1996 Act inserted by the 2015
Amendment). The exercise of such powers to stay enforcement of an award under the CPC is well-established and requires
illustration that “substantial loss may result to the party applying for stay of execution unless the order is made” (See Order 41, Rule
5(3)(a), CPC).
With the 2021 Amendment Act, the illustration of a prime facie case would entitle the party to procure an “unconditional” stay,
thereby obliterating any discretion to balance the competing equities which would doubtless vary from case to case in staying the
enforcement of an arbitral award. In this respect, the 2021 Amendment re-introduces the stultification of judicial discretion resulting
in ‘paper awards’, which led to the 2015 Amendment in the first place.
Further, the 2021 Amendment includes grounds such as ‘fraud’ and ‘corruption’ which are not explicitly contemplated under the CPC
for staying a decree. These additional grounds now relate exclusively to arbitral proceedings, suggesting a fundamental distrust in
the arbitral process, thereby creating inexplicable discrimination between civil proceedings and arbitral proceedings. Such
discrimination has already by decried by the Supreme Court in the HCC Case (https://indiankanoon.org/doc/102230863/) where
the Court observed:
“[…] The anomaly, therefore, of Order XLI Rule 5 of the CPC applying in the case of full-blown appeals, and not being
applicable by reason of Section 36 of the Arbitration Act, 1996 when it comes to review of arbitral awards, is itself a
circumstance which militates against the enactment of Section 87 […].” (Para 50).
With the inclusion of new grounds to resist the enforcement of awards, it may be expected that parties who are dissatisfied with the
outcome of arbitral proceedings shall make every attempt to contend that their contract or the award is vitiated by fraud or
corruption.
In Swiss Timing Ltd. v. Commonwealth Games (https://indiankanoon.org/doc/134382998/), the Supreme Court held that allegations
of fraud in the contract would not undermine the arbitration agreement and that a conjoint reading of Section 15 and 16 of the 1996
Act illustrated “all matters including the issue as to whether the main contract was void/voidable can be referred to arbitration”.
Similarly, in both A. Ayyasamy v. A. Paramasivam (https://indiankanoon.org/doc/180680303/) and Avitel Post Studioz Ltd. v. HSBC
PI Holdings (Mauritius) Ltd. (https://indiankanoon.org/doc/92854857/), the Supreme Court drew a distinction between “fraud
simpliciter” and “serious allegations of fraud,” which permeate the entire contract causing damage in the public domain, holding
that only in the latter case would the dispute fall outside the competence of an arbitral tribunal.
It appears that the 2021 Amendment did not deal with these complexities and failed to identify which particular claims falling under
the nebulous concept of ‘fraud’ will cross the threshold to merit the grant of an ‘unconditional stay’ of an arbitral award. Similar
questions are likely to arise in the case of corruption as well.
It is useful to note the above decisions only relate to the arbitrability of fraud and not its assessment following a decision by an
arbitral tribunal, that would have conducted a detailed examination of the evidence. In this respect, the legislature has “passed the
buck” to the judiciary (without any legislative guidance) to clarify:
ability of the court to examine new evidence or to engage in a de novo assessment of evidence de hors the analysis of the
arbitral tribunal;
the scope of “fraud” and “corruption”;
the degree to which the conclusions in the award can be examined or differed with; and
the effect of failure to raise such allegations before the arbitral tribunal or in Court proceedings.
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 2/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
It is the authors’ view that such issues would require fresh analysis to evolve standards that hitherto have been absent in both CPC
and the 1996 Act. Much confusion will be caused in the interim, particularly given the retrospective application of the 2021
Amendment.
Readers will note that the Supreme Court has consistently viewed Section 36 of the 1996 Act to be an intermediate process to
balance equities between the parties during the pendency of the Section 34 proceedings. In this respect, the following difficulties
are a cause for concern:
Firstly, under Section 34(2)(a)(ii) an award may be set aside if the ‘arbitration agreement’ (not the ‘contract’ alone) is invalid in law,
which may be on account of fraud or corruption. Under the amended Section 36, enforcement may be unconditionally stayed even if
the ‘contract’ was induced by fraud or corruption.
As noted above in the cases of Swiss Timing Ltd, A. Ayyasamy and Avitel Post Studioz Ltd, fraud in procuring a contract would not
necessarily affect the arbitration agreement, which is severable in law.
Secondly, Explanation 1(i) to Section 34(2)(b) of the 1996 Act states that an award would be contrary to the public policy of India, and
liable to be set aside under Section 34, only if the “the making of the award” was induced or affected by fraud or corruption.
However, Section 36 as amended by the 2021 Amendment, proscribes enforcement additionally in cases where “the arbitration
agreement or contract which is the basis of the award” was based on fraud or corruption.
In this respect, it is relevant to note that a ‘stay’ of the award continues to be within the realm of the Section 34 Court to grant
considering the merits of the award-debtor’s plea for interim relief. However, the 2021 Amendment now pushes the Court to take a
view on the merits of the matter under Section 36 (in relation to allegations of fraud or corruption) independent of the legal
standards in Section 34. It is also noteworthy that the grounds of fraud and corruption were already available to award-debtor as
grounds for staying an arbitral award under the unamended Section 36 read with Section 34. In view of the same, it is unclear if
there exists a justifiable reason for providing a distinct ground for the same and thereby limiting the ability of the Court to engage in
a holistic evaluation of the arbitral award and render justice that may befit the unique facts of the case.
Complications may also arise from a procedural standpoint. It is settled law that Section 34 is in the form of a summary procedure,
where the Court is not to reappreciate evidence, record new evidence or minutely examine the arbitral award only to take a differing
view (See Ssangyong Engineering & Construction Co. Ltd. v. NHAI (https://indiankanoon.org/doc/95111828/)). Whereas no prima
facie case of fraud can be made out in the absence of material evidence to substantiate the allegations in the pleadings (See
Svenska Handelsbanken v. Indian Charge Chrome (https://indiankanoon.org/doc/1659628/)). Given that the scope of interference
is limited under Section 34, it is difficult to fathom how any prima facie case can be made out under the amended Section 36
without offending the standards or impinging the jurisdiction under Section 34. Needless to state, respective appellate proceedings
may also run into conflict.
On Retrospectivity
The BCCI Case (https://indiankanoon.org/doc/64244161/) held that the changes to Section 34, in altering the ground to challenge
an arbitral award, related to the substantive rights and could not be retrospectively applied to Section 34 applications filed prior to
the Cut-Off Date. However, so far as Section 36 was concerned, the Court held that the “execution of a decree pertains to the realm
of procedure” and no vested right “to resist enforcement” under the un-amended Section 36 can be claimed by a party. Accordingly,
the Court held that the amended Section 36 would apply even in relation to Section 34 applications filed prior to the Cut-Off Date.
On the contrary, the 2021 Amendment alters the enforceability of the award (as opposed to a right to resist enforcement). In other
words, while the 2015 Amendment negatively affected the right of the award-debtor by doing away with the Automatic Stay, the 2021
Amendment negatively affects the rights of the award-holder, making the award unenforceable without the need for providing
security. In this sense, the 2021 Amendment revives the “clog” in the right of the award-holder, and in this respect, it is not only
procedural but also affects the substantive rights of an award-holder.
Conclusion
Given the substantial overhaul of the scheme of the Arbitration Act, the mere reiteration of the provisions of the 2021 Amendment in
the Statement of Objects and Reasons does not inspire confidence. It appears that the Parliament has not fully comprehended
these difficulties.
The 2021 Amendment expresses a fundamental distrust of the arbitral process that does not bode well for the Indian arbitration
regime, particularly with India’s sordid ranking at (https://www.livemint.com/opinion/columns/opinion-contracts-enforcement-
india-key-to-perform-well-in-ease-of-doing-business-index-11590311338929.html) No. 163 out of 193 in the enforcement of contracts.
The mantle now falls upon the judiciary to ensure that the delicate balance between the integrity of contracts and the enforcement
of awards is maintained.
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 3/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Mr. Ashish Dholakia is a Senior Advocate (Designated by the High Court of Delhi). Mr. Ketan Gaur is a Counsel at Trilegal and Mr.
Kaustub Narendran is an Associate at Trilegal.
________________________
To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here
(https://arbitrationblog.kluwerarbitration.com/newsletter/). To submit a proposal for a blog post, please consult our Editorial
Guidelines (https://arbitrationblog.kluwerarbitration.com/editorial-policy-guidelines/).
(https://www.wolterskluwer.com/en/solutions/kluwerarbitration/practical-tools?
utm_source=arbitrationblog&utm_medium=banner&utm_campaign=article-bottom_ka-practical-tools_1122#PrReTools)
(https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-
in-sheeps-clothing/?output=pdf)
L I K E ? S H A R E W I T H YO U R F R I E N D S .
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 4/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
(MAILTO:?
SUBJECT=INDIA’S
ARBITRATION
AND
CONCILIATION
(AMENDMENT)
ACT,
2021:
WOLF
IN
SHEEP’S
(HTTP://WWW.FACEBOOK.COM/SHARE.PHP?
(HTTPS://TWITTER.COM/INTENT/TWEET?
(HTTP://WWW.LINKEDIN.COM/SHAREARTICLE?
CLOTHING?
U=HTTPS%3A%2F%2FARBITRATIONBLOG.KLUWERARBITRATION.COM%2F2021%2F05%2F23%2FIND
URL=HTTPS%3A%2F%2FARBITRATIONBLOG.KLUWERARBITRATION.COM%2F2021%2F05%2F2
MINI=TRUE&URL=HTTPS%3A%2F%2FARBITRATIONBLOG.KLUWERARBITRATION.COM%
&BODY=HTTPS://ARBITRATIONBLOG.KLUWERARBITRATION.COM/2021/05/23/I
ARBITRATION-
ARBITRATION-
ARBITRATION-
ARBITRATION-
CONCILIATION-
CONCILIATION-
CONCILIATION-
CONCILIATION-
AMENDMENT-
AMENDMENT-
AMENDMENT-
AMENDMENT-
A- A- A- A-
WOLF-WOLF-WOLF-WOLF-
SHEEPS-
SHEEPS-
SHEEPS-
SHEEPS-
CLOTHING%2F&TITLE=INDIA’S%20ARBITRATION%20AND%20CONCILIATION%20(AMENDMENT)%2
CLOTHING%2F&TEXT=INDIA%E2%80%99S+ARBITRATION+AND+CONCILIATION+%28AMENDM
CLOTHING%2F&TITLE=INDIA%E2%80%99S+ARBITRATION+AND+CONCILIATION+%28A
CLOTHING/)
One comment
Om Prakash
OCTOBER 17, 2 021 AT 3 :29 AM (HTTPS://ARBITRATIONBLOG.KLUWERARBITRATION .COM /2021/05/23/I N DI AS-ARBI T RAT I ON -AN D-CON C IL IATION -AME N DME N T-ACT-2021-A-WOL F-IN -SHE E PS-
CLOTHING/#COMMENT-2 85800)
Would this ammendment be applicable on awards made in appril 2021 though this ammendment has come in may 2021.
REPLY
Leave a Reply
YOUR EMAIL ADDRESS WILL NOT BE PUBLISHED. REQUIRED FIELDS ARE MARKED *
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 5/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
COMMENT
NAME *
EMAIL *
WEBSITE
POST COMMENT
This site uses Akismet to reduce spam. Learn how your comment data is processed (https://akismet.com/privacy/).
GET BLOG POSTS IN YOUR INBOX!
Email SUBSCRIBE
BROWSE CATEGORIES
(https://www.dutcharbitrationassociation.nl/events/daa-dutch-arbitration-
day-2023)
Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe
(https://law-store.wolterskluwer.com/s/product/dealing-with-bribery-and-corruption-in-international-
commercial-arbitration/01t4R00000P3bfnQAB)
Emmanuel Obiora Igbokwe
€ 190
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 6/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
(https://arbitr
alford/)
(https://arbitr
baltag/)
(https://arbitr
c-
eernisse/)
(https://arbitr
nasir-
gore/)
(https://arbitr
shirlow/)
(https://arbitr
fanou/)
(https://arbitr
prokic/)
(https://arbitr
paez/)
(https://arbitr
kazimi/)
(https://arbitr
yan-
wang/)
(https://arbitr
zuti-
giachetti/)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 7/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Titilope Sinmi-Adetona (Assistant Editor)
Aluko & Oyebode (https://www.linkedin.com/in/titilope-sinmi-adetona/)
(https://arbitr
sinmi-
adetona-
assistant-
editor/)
(https://arbitr
jose-
alarcon/)
(https://arbitr
eichberger/)
(https://arbitr
kim/)
(https://arbitr
gkoritsa/)
(https://arbitr
j-
renard/)
(https://arbitr
isidore-
tan/)
(https://arbitr
taychayev/)
(https://arbitr
yamamoto/)
(https://arbitr
zhao/)
(https://arbitr
wang/)
(https://arbitr
jun-
kang/)
(https://arbitr
loh/)
(https://arbitr
mira/)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 8/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Shreya Jain (Assistant Editor for South Asia)
Shardul Amarchand Mangaldas
(https://arbitr
jain/)
(https://arbitr
prasad/)
(https://arbitr
ray/)
(https://arbitr
durrani/)
(https://arbitr
farchakh/)
(https://arbitr
shahdadpuri/
(https://arbitr
carolina-
dallagnol-
assistant-
editor-
for-
africa/)
(https://arbitr
cottin/)
(https://arbitr
prastalo-
assistant-
editor-
for-
europe/)
(https://arbitr
sendetska/)
Eric Lenier Ives (Assistant Editor for Canada and the United States)
White & Case LLP (https://www.whitecase.com/people/eric-ives)
(https://arbitr
lenier-
ives/)
Paige von Mehren (Assistant Editor for Canada and the United States)
Freshfields Bruckhaus Deringer US LLP (https://www.freshfields.com/en-gb/contacts/find-a-lawyer/v/von-mehren-paige/)
(https://arbitr
von-
mehren/)
Aecio Filipe Oliveira (Assistant Editor for South and Central America) (https://www.bmalaw.com.br/en-US/advogado/aecio-filipe-coelho-fraga-de-
oliveira)
Barbosa, Müssnich & Aragão Advogados – BMA (https://www.linkedin.com/in/acio-filipe-o-342033a5/?locale=en_US)
(https://arbitr
filipe-
oliveira/)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 9/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
BakerHostetler (https://www.bakerlaw.com/)
(https://arbitr
zetina/)
Emma Garrett (Assistant Editor for Australia, New Zealand and the Pacific Islands)
(https://arbitr
garrett/)
Sam Macintosh (Assistant Editor for Australia, New Zealand and the Pacific Islands)
Wynn Williams (https://www.wynnwilliams.co.nz/)
(https://arbitr
macintosh/)
Gordon Blanke
Blanke Arbitration LLC (http://blankearbitration.com/)
(https://arbitr
blanke/)
(https://arbitr
b-born/)
Nikos Lavranos
NL-Investmentconsulting (https://www.nl-investmentconsulting.com/)
(https://arbitr
lavranos/)
Michael McIlwrath
MDisputes (https://www.mdisputes.com/)
(https://arbitr
mcilwrath/)
Mary Mitsi
Queen Mary University of London (http://www.qmul.ac.uk/)
(https://arbitr
mitsi/)
(https://arbitr
scherer/)
(https://arbitr
scherer/)
(https://arbitr
von-
segesser/)
(https://arbitr
sun/)
(https://arbitr
zivkovic/)
AFFILIATES
ACICA 45 (http://acica.org.au/acica-45/)
Members (https://arbitr
gID=1590)
AfricArb (http://https://www.linkedin.com/company/afric-arb/)
Members
(https://arbitr
gID=1107)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 10/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Arbitrator Intelligence (http://arbitratorintelligence.org/)
Affiliates
(https://arbitr
gID=517)
ArbitralWomen (http://www.arbitralwomen.org/)
Members (https://arbitr
gID=513)
Delos (http://https://delosdr.org/)
Affiliates (https://arbitr
gID=1687)
HK45 (http://www.hkiac.org/en/hkiac/hk45)
Members (https://arbitr
gID=572)
(https://arbitr
gID=1248)
(https://arbitr
gID=1354)
Jeantet (http://www.jeantet.fr/)
Attorneys
(https://arbitr
gID=894)
Linklaters (http://www.linklaters.com/)
Attorneys
(https://arbitr
gID=668)
Schoenherr (http://www.schoenherr.eu/)
Attorneys (https://arbitr
gID=637)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 11/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Shanghai International Arbitration Center (SHIAC) (http://www.shiac.org/SHIAC/index_E.aspx)
Members
(https://arbitr
gID=1172)
YIAG (http://www.lcia.org/Membership/YIAG/Young_International_Arbitration_Group.aspx)
Members (https://arbitr
gID=512)
YSIAC (http://www.siac.org.sg/ysiac/about-us)
Members (https://arbitr
gID=515)
(https://arbitr
gID=1018)
(https://afaa.ngo/)
(http://www.youtube.com/watch?v=soafLup0rOA)
(https://www.wolterskluwer.com/en/solutions/kluwerarbitration)
RELATED SITES
RSS FEEDS
|RECENT PUBLICATIONS
The New Saudi Center for Commercial Arbitration Rules 2023: What’s In Store? (https://arbitrationblog.kluwerarbitration.com/2023/05/22/the-new-saudi-
center-for-commercial-arbitration-rules-2023-whats-in-store/) May 22, 2023
LIDW 2023: Developments in Arbitration Law of England & Wales and Tribute to Professor Julian D M Lew KC
(https://arbitrationblog.kluwerarbitration.com/2023/05/22/lidw-2023-developments-in-arbitration-law-of-england-wales-and-tribute-to-professor-julian-d-
m-lew-kc/) May 22, 2023
LIDW 2023: Corruption in International Arbitration and Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes
(https://arbitrationblog.kluwerarbitration.com/2023/05/21/lidw-2023-corruption-in-international-arbitration-and-increasing-diversity-and-efficiency-in-the-
resolution-of-construction-and-engineering-disputes/) May 21, 2023
LIDW 2023: The Evolving Role of Arbitral Institutions and Relationship of International Commercial Courts and Arbitration
(https://arbitrationblog.kluwerarbitration.com/2023/05/21/lidw-2023-the-evolving-role-of-arbitral-institutions-and-relationship-of-international-
commercial-courts-and-arbitration/) May 21, 2023
RECENT COMMENTS
Jeong Chun Phuoc,PhD on Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
(https://arbitrationblog.kluwerarbitration.com/2017/12/19/recent-development-ad-hoc-arbitration-china-spc-guidance-hengqin-rules/#comment-347139)
Avukat Hukuk (https://avukathukuk.com) on How States Comply with Investment Treaty Arbitration Awards: Insights from a 2022 Report on Compliance
(https://arbitrationblog.kluwerarbitration.com/2022/11/26/how-states-comply-with-investment-treaty-arbitration-awards-insights-from-a-2022-report-on-
compliance/#comment-345813)
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 12/13
5/22/23, 4:38 PM India’s Arbitration And Conciliation (Amendment) Act, 2021: A Wolf In Sheep’s Clothing? - Kluwer Arbitration Blog
Ayana on Revisiting ‘Investment’ under Article 25 of the ICSID Convention (https://arbitrationblog.kluwerarbitration.com/2022/06/20/revisiting-investment-
under-article-25-of-the-icsid-convention/#comment-345474)
Prof Luke Nottage (http://www.williamstradelaw.com/special_counsel.html) on Energy Arbitration and Japanese Companies: Recent Experience and Emerging
Trends (https://arbitrationblog.kluwerarbitration.com/2023/04/25/energy-arbitration-and-japanese-companies-recent-experience-and-emerging-
trends/#comment-345422)
MIchael Bond (http://bondschambers.com) on Multiculturalism in International Arbitration: A Hard Knock Lesson or a Renegade Decision?
(https://arbitrationblog.kluwerarbitration.com/2023/05/01/multiculturalism-in-international-arbitration-a-hard-knock-lesson-or-a-renegade-
decision/#comment-345392)
(http://arbitratorintelligence.org/)
ABOUT US CONTACT
About Kluwer Arbitration Blog (https://arbitrationblog.kluwerarbitration.com/about/) General Information
Kluwer Arbitration (http://www.kluwerarbitration.com/)
Kluwer Law International (http://www.kluwerlaw.com)
E-store (http://www.kluwerlaw.com/catalogue/)
Authors (https://www.wolterskluwer.com/en/solutions/kluwerlawinternational/authors)
LEGAL POLICY
(https://arbitrationblog.kluwerarbitration.com/contact/)
BAC K TO TO P
https://arbitrationblog.kluwerarbitration.com/2021/05/23/indias-arbitration-and-conciliation-amendment-act-2021-a-wolf-in-sheeps-clothing/ 13/13