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Home > Country profiles > India > Articles > Article detail






Amendment To Section 28 3 Of The Arbitration And Conciliation Act, 1996 – Will It Give More Powers To The Arbitrators?

Sunday, 21st January 2019

"Section 28 of the Arbitration and Conciliation Act, 1996, is an important provision of the enactment, which deals with the Rules applicable to the substance of dispute.

The unamended Section 28(3) of the Arbitration and Conciliation Act, 1996, was as follows:

"In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction."

In 2015, the said sub-section (3) has been amended to the following effect:

"While deciding and making an award, the arbitral tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction."

Under the unamended Section 28(3), the Tribunal was bound to decide the dispute in accordance with the terms of contract and also take into account the trade usage applicable to the transaction.

Now after the amendment to the section, the Tribunal while deciding and making an award will take into account the terms of the contract and trade usage applicable to the transaction."

Read in full: 


Web-link: http://www.mondaq.com/article.asp?articleid=771950&email_access=on
Source: Singh & Associates
Language: English
Contact: Nilava Bandyopadhyay


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