The Bar Council's draft arbitration act wish list


Section 2 – clear definitions 

Section 4 – clear statement of purpose 

Section 10 – gives arbitral tribunal power to impose interest 

Section 11 – circumstances when arbitrators have immunity 

Section 23 – definition of arbitration agreement in tandem with international definition 

Section 25 – clear division of powers between arbitrator and judge 

Section 28 – grounds for challenge spelt out clearly 

Section 32 – tribunal can now rule on its jurisdiction 

Section 33 – tribunal can now order interim measures like providing security 

Section 44 – tribunal can decide based on trade practices 

Section 47 – arbitrators must give reasoned awards 

Section 48 – tribunal can now correct, interpret and give additional awards 

Section 50 – clear grounds for setting aside awards and removing the age-old term misconduct 

Sections 51,52 – recognition and enforcement of awards and grounds for refusing 

Section 53 – tribunal can now consolidate arbitral proceedings 

Sections 54, 55 – strict guidelines for judicial intervention on questions of law 

Section 56 – arbitrator can now tax costs 

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