MAINS 2015
GS2
12.5 marks
What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.
WRITE IN
9 min
200 words
What the examiner wants
List the main changes made by the 2015 Arbitration Ordinance and assess their effect on dispute resolution in India.
DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.
Demand-wise check
- 1Changes: award within 12 months (extendable by 6), fast-track option (6 months), fee schedule, independence disclosures, tribunal's interim orders enforceable, narrower 'public policy' ground, no automatic stay on filing challenge, court disposal within a year≈35 words
- 2Basis: 246th Law Commission report (2014)≈35 words
- 3Likely impact: faster awards, more confidence for investors, less court interference≈35 words
- 4Limits: court delays, few institutional centres, ad hoc arbitration, government as litigant - later 2019 amendment (Arbitration Council of India)≈35 words
Open in about 30 words and close in about 30.
Answer plan
Context of delaysKey changesExpected gainsRemaining gapsConclusion
Where marks usually go
- Vague 'speedy justice' without listing specific changes
- Not assessing 'how far'
Draw this
- Before-after table of the 1996 Act and 2015 changes
Value addition
- ReportThe 246th Law Commission Report (2014) proposed most of the 2015 amendments, including time limits and fee schedules.Law Commission of India, 2014
- DataIndia ranked 163 of 190 on 'Enforcing Contracts' in the World Bank's Doing Business 2020.World Bank, Doing Business 2020
Next: plan for one minute, write it in 9 minutes, then get it checked.