2015 and 2019 Amendments explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The consolidated text of the Arbitration and Conciliation Act, 1996 records each amendment in a footnote: the amending Act, its section and the date from which the change has effect. This article lists, provision by provision, what those footnotes show for the amendments of 2015 and 2019, and adds the three entries of 2021. It is drawn only from the footnotes as per the India Code consolidated text consulted; nothing beyond them is stated, and later amendments should be checked. If a change affects a clause or a pending matter of yours, our legal consultation team can read it with you.
The footnotes cite three amending Acts. Act 3 of 2016 (the Arbitration and Conciliation (Amendment) Act, 2015) is shown with effect from 23-10-2015 throughout. Act 33 of 2019 (the 2019 Amendment Act) is shown with effect from 30-8-2019, except Part IA, which is shown as inserted with effect from 12-10-2023. Act 3 of 2021 is shown with effect from 23-10-2015 for the second proviso to section 36(3), and from 4-11-2020 for section 43J and the omission of the Eighth Schedule.
How to read the footnotes
"Ins." means inserted, "Subs." means substituted, and "omitted" means words or a provision were taken out. "w.e.f." is the date from which the footnote says the change has effect. The text names the 2015 and 2021 Acts in full; it cites the 2019 Act only as "Act 33 of 2019". This article gives a date only where a footnote prints one.
Act 3 of 2016 (the 2015 Amendment Act): with effect from 23-10-2015
| Provision | What the footnote shows | Amending section |
|---|---|---|
| 2(1)(e), "Court" | Clause substituted | s. 2 |
| 2(1)(f)(iii) | The words "a company or" omitted | s. 2 |
| 2(2), proviso | Inserted | s. 2 |
| 7(4)(b) | Words on communication through electronic means inserted | s. 3 |
| 8(1); proviso to 8(2) | Sub-section substituted; proviso inserted | s. 4 |
| 9 | Renumbered as sub-section (1); sub-sections (2) and (3) inserted | s. 5 |
| 11 | Authority named in (4), (5), (6), (7), (9), (11) substituted; (6A), (6B), (13), (14) inserted; (8), (10), (12) substituted | s. 6 |
| 11A | Inserted | s. 7 |
| 12(1); 12(5) | Sub-section (1) substituted; sub-section (5) inserted | s. 8 |
| 14(1), opening words | Substituted | s. 9 |
| 17 | Section substituted | s. 10 |
| 23(2A) | Inserted | s. 11 |
| 24(1), second proviso | Inserted | s. 12 |
| 25(b), closing words | Inserted | s. 13 |
| 28(3) | Substituted | s. 14 |
| 29A and 29B | Inserted | s. 15 |
| 31(7)(b); 31(8) | Each substituted | s. 16 |
| 31A | Inserted | s. 17 |
| 34 | Explanations to (2)(b) substituted; (2A), (5) and (6) inserted | s. 18 |
| 36 | Section substituted | s. 19 |
| 37(1)(a) to (c) | Substituted for clauses (a) and (b) | s. 20 |
| 47, Explanation | Substituted | s. 21 |
| 48(2), Explanations | Substituted | s. 22 |
| 56, Explanation | Substituted | s. 23 |
| 57(1), Explanations | Substituted | s. 24 |
| Fourth to Seventh Schedules | Inserted | s. 25 |
In practice these footnotes cover the provisions readers ask about most: the reference to arbitration in section 8, appointment under section 11, disclosure under section 12, the time limit in section 29A, costs in section 31A, the public policy Explanations and prior notice in section 34, and enforcement under section 36.
Act 33 of 2019 (the 2019 Amendment Act)
| Provision | What the footnote shows | Amending section | Date printed |
|---|---|---|---|
| 17(1) | The words "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" omitted | s. 4 | w.e.f. 30-8-2019 |
| 23(4) | Inserted (six months for statement of claim and defence) | s. 5 | w.e.f. 30-8-2019 |
| 29A(1) | Sub-section substituted | s. 6 | w.e.f. 30-8-2019 |
| 29A(4), second and third provisos | Inserted | s. 6 | w.e.f. 30-8-2019 |
| 34(2)(a) | "establishes on the basis of the record of the arbitral tribunal that" substituted for "furnishes proof that" | s. 7 | w.e.f. 30-8-2019 |
| 37(1), opening words | Substituted for "An appeal" | s. 8 | w.e.f. 30-8-2019 |
| 42A and 42B | Inserted | s. 9 | w.e.f. 30-8-2019 |
| Part IA, sections 43A to 43M | Inserted | s. 10 | w.e.f. 12-10-2023 |
| 45 | "unless it prima facie finds" substituted for "unless it finds" | s. 11 | w.e.f. 30-8-2019 |
| 50(1), opening words | Substituted for "An appeal" | s. 12 | w.e.f. 30-8-2019 |
| 87 | Inserted | s. 13 | r.w.e.f. 30-8-2019 |
These are the only footnotes in the text that cite Act 33 of 2019. Each is explained in our article on the 2019 amendment.
Act 3 of 2021 (the Arbitration and Conciliation (Amendment) Act, 2021)
| Provision | What the footnote shows | Amending section | Date printed |
|---|---|---|---|
| 36(3), second proviso and its Explanation | Inserted | s. 2 | w.e.f. 23-10-2015 |
| 43J | Section substituted | s. 3 | w.e.f. 4-11-2020 |
| Eighth Schedule | Omitted; none of its contents is printed | s. 4 | w.e.f. 4-11-2020 |
The second proviso to section 36(3) requires the Court to stay an award unconditionally, pending disposal of the challenge under section 34, where it is satisfied that a prima facie case is made out that the arbitration agreement or contract which is the basis of the award, or the making of the award, was induced or effected by fraud or corruption. See section 36.
Section 43J carries the date 4-11-2020 while Part IA, in which it sits, is shown as inserted with effect from 12-10-2023. Both dates are given here as printed and no conclusion is drawn from them. See sections 43-I, 43J and 43K.
Other entries in the text
- Adaptation Orders of 2020. The footnote to section 1(2) shows the proviso and Explanation as omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020 and the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020.
- State entries. Under the heading "State Amendment" the text prints entries for Jammu and Kashmir and Ladakh under sections 8, 29A and 34, and a Bihar entry under section 43. They apply only there and are not the general rule.
Proceedings that began before 23rd October, 2015
Three places in the text speak about proceedings commenced before the 2015 Amendment Act.
| Where | What it says, in outline |
|---|---|
| Section 87 | Unless the parties otherwise agree, the amendments made by the 2015 Amendment Act do not apply to arbitral proceedings commenced before its commencement (23rd October, 2015), nor to court proceedings arising out of them whenever commenced; they apply only to arbitral proceedings commenced on or after that commencement and to court proceedings arising out of those |
| Appendix, section 26 of the 2015 Amendment Act | Nothing in that Act applies to arbitral proceedings commenced, in accordance with section 21 of the principal Act, before its commencement unless the parties otherwise agree; it applies in relation to arbitral proceedings commenced on or after that date |
| Explanation to the second proviso to section 36(3) | That proviso applies to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the 2015 Amendment Act |
These are set side by side as printed. Which of them governs a particular case is a question for advice on the facts. See section 87.
Points to keep in mind
- A footnote shows what was changed and when; it does not print the notification that brought a provision into force.
- Old wording quoted in a footnote is history. The rule is the text of the section.
- Every footnote under section 11 in the text consulted cites Act 3 of 2016, s. 6. The section is explained as printed in our article on it.
- The footnotes on one page are sometimes numbered alike (two numbered 1 on the page carrying sections 43J and 45, and on the page carrying section 31).
An example
Ravi Forgings has an arbitration in which the tribunal received written notice of appointment after 30-8-2019. Section 23(4), shown as inserted with effect from that date, gives six months for completing the statement of claim and defence, and section 29A(1), shown as substituted from the same date, counts twelve months for the award from that completion. The footnotes tell Ravi where each period comes from; whether they apply to a proceeding that began earlier is a separate question.
Need help applying an amendment?
Whether a change applies to your arbitration depends on when the proceedings commenced and what the parties agreed. Our legal consultation service reads the dates and the clause against the provisions above and gives you a written note.
Key takeaways
- Act 3 of 2016 footnotes all print 23-10-2015.
- Act 33 of 2019 footnotes print 30-8-2019, except Part IA (12-10-2023); section 87 prints "r.w.e.f. 30-8-2019".
- Act 3 of 2021 footnotes print 23-10-2015 for the second proviso to section 36(3) and 4-11-2020 for section 43J and the Eighth Schedule.
- Section 87, the Appendix and the Explanation to section 36(3) each deal with pre-2015 proceedings.
- Later amendments are outside the text consulted and should be checked.
Read next
- The 2019 amendment: key changes and the Arbitration Council of India
- Section 87: proceedings commenced before 23 October 2015
- Section 37: appealable orders
- Introduction to the Arbitration and Conciliation Act, 1996
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.