The Law Commission of India has proposed important amendments to the Arbitration (Arbitration Act), 1996 to address a number of perceived weaknesses and foster the growth of Indian arbitration as a dispute resolution platform. The full report is published here. Some of the highlights of the proposed amendments are as follows: Laura SALVANESCHI is Professor of Civil Procedure Law at the Bicocca University of Milan, where she also teaches arbitral law. She has authored a number of scientific works in different areas of civil procedural law, in particular on arbitral law. Notable case studies are “The Value of Challenging Judicial Decisions” and “Multiparty Arbitration”, as well as numerous articles and notes on arbitration reform published in collected works. She is a partner at the beP Bonelli Erede Pappalardo office, where she practices litigation and arbitration proceedings concerning contractual matters, corporate law, banking and financial law, bankruptcy, insolvency and family law. A similar case concerning the power of State commissions under section 86(1)(f) of the Electricity Act 2003 to adjudicate disputes between licensees and generating companies and to refer disputes for conciliation was decided by the Supreme Court of Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. 10. that if the law provides that something must be done in a certain way, then it must be done in that way and in no other way.
Where Article 86(1)(f) provides for a particular type of reference to an arbitrator, this means that all other methods are excluded. Since the Electricity Act is a special legislation, they take precedence over the provisions of a general law, namely: The Arbitration Act for the arbitration of disputes. This is why the State Commission has become the only one empowered to rule on disputes, either by appointing an arbitrator. The first and main objection that is normally raised with respect to asymmetric arbitration clauses is that they are contrary to the fundamental principle of fair and equitable treatment of the parties in arbitration proceedings. This argument often has no place and is poorly applied. The principle of fairness and equal treatment is enshrined in article 18 of the Model Law, which refers to equal treatment and gives each party the full opportunity to bring its case before the arbitral tribunal. . . .