Ensuring Independence and Impartiality: Amended Section 12

The Arbitration and Conciliation (Amendment Act, 2015) was intended to propel arbitration proceedings in the country. However, this process involved not only reducing judicial intervention or advocating absolute party autonomy (even though this was achieved in other sections). The amendment to section 12 reflects an attempt at balancing party autonomy and the integrity of the proceedings as pointed out in the 246thLaw Commission Report. The intent of this paper is to initially understand the workings of the amended section briefly and focus more importantly on the policy considerations and the legislative scheme behind the same on an institutional level. Towards the end, the possible shortcomings will be highlighted with proposed alterations.