A Closer Look At The 2024 Arbitration Bill And The Hon’ble Supreme Court’s Concerns
- IJLLR Journal
- 1 day ago
- 2 min read
Mr. Guriqbal Singh Pantalia, Guru Gobind Singh Indraprastha University
ABSTRACT
The Arbitration and Conciliation (Amendment) Bill, 2024 put forward many new significant changes in Indian Arbitration which includes Arbitration Appellate Tribunal, focusing on Technological Advancements, Emergency Arbitrator for Interim Measures, Appellate Arbitral Tribunal. However, Hon’ble Supreme Court have concerns regarding the procedural ambiguities overlooked by the lawmakers and suggested them to ameliorate the Bill.
INTRODUCTION
The Arbitration and Conciliation (Amendment) Bill, 2024 (the “2024 Bill”) aims to substantially change Arbitration scenery in the Country, which includes Technological Advancements (Digital Signatures, e-filing of pleadings, recording of Evidence through electronic means etc.), Emergency Arbitrator for giving interim measures instead of Courts, Establishment of Arbitral Appellate Tribunals.
The extensive draft had been presented by the Government in public domain last year itself inviting suggestions on the same, and the Ministry of Law and Justice continue to receive feedback on the 2024 Bill.
Hon’ble Supreme Court of India recently made observations in respect of the 2024 Bill and suggested the Ministry of Law and Justice to fill gaps which are necessary.
HON’BLE SUPREME COURT’S VIEW
Recently, the Hon’ble Supreme Court of India during ruling in the matter of ASF Buildtech Pvt. Ltd. vs. Shapoorji Pallonji and Co. Pvt. Ltd. (MANU/SC/0626/2025) dismissed the objections raised by the ASF Buildtech that the ASF Buildtech being non-signatory to the Arbitration Agreement has been impleaded as party, however, the Hon’ble Court held that in this case Group of Companies Doctrine also applies as the Appellant and other ASF Group companies fall under same Management and struck down contentions that the non-issuance of Notice under Section 21 of Arbitration and Conciliation Act would be fatal to Appellant’s impleadment. As enshrined in the Cox and Kings Ltd. vs. SAP India Pvt. Ltd. (MANU/SC/1310/2023), a non-signatory can be impleaded as party, if such non-signatories may be bound by the outcome of the Arbitral Proceedings.
