The arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company.10. of the claim amount over and above Rs.20,00,000Rs.3,37,500 plus 1 per cent. In this section and in the sections following in this Chapter, Court means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject-matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court. If in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out above.PRIOR EXPERIENCE (INCLUDING EXPERIENCE WITH ARBITRATIONS):CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST IN ANY OF THE PARTIES OR IN RELATION TO THE SUBJECT-MATTER IN DISPUTE, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO YOUR INDEPENDENCE OR IMPARTIALITY (LIST OUT):CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUFFICIENT TIME TO THE ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH THE ENTIRE ARBITRATION WITHIN TWELVE MONTHS (LIST OUT):Arbitrator s relationship with the parties or counsel1. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.3. (4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the period:Provided that while extending the period under this sub-section, if the Court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrator(s) by not exceeding five per cent. implementation of the Amendment Act in its letter and spirit.Mondaq has a "free to view" business model. .Insertion of new Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh Schedule.After the Third Schedule to the principal Act, the following new Schedules shall be inserted, namely: Rs.45,000 plus 3.5 per cent. The Act was notified in the Gazette of India and came into force on January 1 st, 2016. For the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment. (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2015. The Amendment Act is deemed to have come into force with effect from 23 October 2015. .In section 57 of the principal Act, in sub-section (1. ;(ii) after sub-section (4), the following sub-section shall be inserted, namely: (5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject-matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator:Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing.9. Enforcement of Foreign Judgments After the Arbitration & Conciliation (Amendment) Act, 2015, the consonance of Section 11 vis-à-vis the bar of jurisdiction under Section 42 lacks the application of judicial mind because of the lack of judicial precedents pertaining to this subject matter. H.R. Section 2 (e): definition of the court is amended to provide specific provision of part I of the Act.

;(v) in sub-section (9), for the words the Chief Justice of India or the person or institution designated by him , the words the Supreme Court or the person or institution designated by that Court shall be substituted;(vi) for sub-section (10), the following sub-section shall be substituted, namely: (10) The Supreme Court or, as the case may be, the High Court, may make such scheme as the said Court may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6), to it. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions. The Court or arbitral tribunal may make any order under this section including the order that a party shall pay ) a stated amount in respect of another party s costs;) costs relating to particular steps taken in the proceedings;) costs relating only to a distinct part of the proceedings; and) An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event shall be only valid if such agreement is made after the dispute in question has arisen. Litigation Team Khaitan & Co. .15. of the claim amount over and above Rs.1,00,00,000Rs.19,87,500 plus 0.5 per cent.

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