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Attorney General Requests Deferral Of Constitution Bench Proceedings On Arbitration Law Reforms

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New Delhi

Attorney General R. Venkataramani has formally requested Chief Justice of India, D.Y. Chandrachud, to defer the proceedings scheduled before the Constitution Bench on September 13. The request comes as the expert committee formed by the Centre to examine the functioning of arbitration law in India and recommend reforms in the Arbitration and Conciliation Act, 1996, requires additional time to prepare its report. The Attorney General informed the bench that the committee needs more time to complete its work. In response, the bench agreed to list the matter on September 13, indicating that two arbitration cases might not proceed on that day, but the court would receive an update on the committee’s progress. Earlier, on July 12, the Constitution Bench had deferred the hearing for a period of two months based on the AG’s assurance that the expert committee would not take more than two months to submit its report to the government. The committee’s recommendations will play a significant role in determining whether modifications to existing legislation are necessary. The Constitution Bench, led by the CJI and comprising Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Justice Manoj Misra, is currently addressing the issue of whether an individual who is ineligible to serve as an arbitrator in a dispute can nominate another person to act as an arbitrator. This matter was referred to a larger bench in 2022 due to conflicting decisions rendered by two three-judge benches.

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