Arbitration and Conciliation Act 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 2019 amendment appears in the consolidated text of the Arbitration and Conciliation Act, 1996 as a set of footnotes citing "Act 33 of 2019". This article explains each provision that carries such a footnote, with the date the footnote prints, as per the India Code consolidated text consulted. It states nothing the text does not show, and later amendments should be checked. If one of these changes bears on your contract or a pending arbitration, our legal consultation team can go through it with you.
The footnotes show Act 33 of 2019 (the 2019 Amendment Act) as having inserted Part IA on the Arbitration Council of India (sections 43A to 43M, with effect from 12-10-2023), sections 42A and 42B, section 23(4) and section 87, substituted section 29A(1), and changed words in sections 17, 34, 37, 45 and 50. Apart from Part IA, the date printed is 30-8-2019; for section 87 it is printed as "r.w.e.f. 30-8-2019".
The 2019 footnotes in one table
| Provision | Change shown | Section of Act 33 of 2019 | Date printed |
|---|---|---|---|
| 17(1) | Words omitted | s. 4 | 30-8-2019 |
| 23(4) | Inserted | s. 5 | 30-8-2019 |
| 29A(1); second and third provisos to 29A(4) | Substituted; inserted | s. 6 | 30-8-2019 |
| 34(2)(a) | Words substituted | s. 7 | 30-8-2019 |
| 37(1) | Opening words substituted | s. 8 | 30-8-2019 |
| 42A, 42B | Inserted | s. 9 | 30-8-2019 |
| Part IA (43A to 43M) | Inserted | s. 10 | 12-10-2023 |
| 45 | Words substituted | s. 11 | 30-8-2019 |
| 50(1) | Opening words substituted | s. 12 | 30-8-2019 |
| 87 | Inserted | s. 13 | r.w.e.f. 30-8-2019 |
No other provision in the text consulted carries an Act 33 of 2019 footnote. Section 11, for instance, carries footnotes citing only Act 3 of 2016, and is explained as printed in our article on section 11.
Changes to the conduct of an arbitration
Section 17(1): interim measures by the tribunal. The footnote shows the words "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" as omitted. As printed, a party may apply to the tribunal for interim measures "during the arbitral proceedings". Section 9(1) still lets a party apply to a court before or during the proceedings or at any time after the award but before it is enforced. See section 17.
Section 23(4): six months for pleadings. The statement of claim and defence shall be completed within six months from the date the arbitrator or all the arbitrators received notice, in writing, of their appointment. See section 23.
Section 29A(1) and (4): time for the award. In matters other than international commercial arbitration the award shall be made within twelve months from the date of completion of pleadings under section 23(4). The proviso says an award in an international commercial arbitration may be made as expeditiously as possible, with an endeavour to dispose of the matter within twelve months from that completion. The two provisos added to sub-section (4) keep the arbitrator's mandate alive while an application for extension is pending, and require that the arbitrator be heard before fees are reduced. See section 29A.
Changes to court proceedings
Section 34(2)(a). The party applying to set aside an award must, as printed, establish the clause (a) grounds "on the basis of the record of the arbitral tribunal"; the footnote shows these words as substituted for "furnishes proof that". See section 34.
Sections 37(1) and 50(1). Both open, as printed, "Notwithstanding anything contained in any other law for the time being in force, an appeal"; the footnotes show those words as substituted for "An appeal". Section 59, the appeal provision for Geneva Convention awards, still opens "An appeal shall lie" and carries no footnote.
Section 45. A judicial authority refers the parties to arbitration "unless it prima facie finds" that the agreement is null and void, inoperative or incapable of being performed; the earlier words were "unless it finds". See section 45.
Sections 42A and 42B: confidentiality and protection
Section 42A requires the arbitrator, the arbitral institution and the parties to the arbitration agreement to keep all arbitral proceedings confidential, except the award where its disclosure is necessary for the purpose of implementation and enforcement of the award. Section 42B says no suit or other legal proceedings shall lie against the arbitrator for anything done or intended to be done in good faith under the Act or the rules or regulations made under it.
Two printing points: section 42A reads "contained by any other law" and "shall maintain confidentially of all arbitral proceedings". Section 2 as printed in the text consulted carries no definition of "arbitral institution". See sections 42A and 42B.
Part IA: the Arbitration Council of India
Part IA is shown as inserted with effect from 12-10-2023.
| Section | Subject as printed |
|---|---|
| 43A | Definitions: "Chairperson", "Council", "Member" |
| 43B | The Central Government shall, by notification, establish the Arbitration Council of India; a body corporate; head office at Delhi |
| 43C | Composition: a Chairperson and Members listed in clauses (a) to (g); term of three years; age limits of seventy and sixty-seven years |
| 43D | Duties and functions |
| 43E to 43G | Vacancies, resignation and removal of Members |
| 43H | Experts and Committees |
| 43-I | Grading of arbitral institutions on criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits, as specified by the regulations |
| 43J | Qualifications, experience and norms for accreditation of arbitrators as specified by the regulations |
| 43K | An electronic depository of arbitral awards made in India |
| 43L | Power of the Council to make regulations in consultation with the Central Government |
| 43M | Chief Executive Officer and Secretariat |
Three cautions apply. First, section 43B speaks of a notification establishing the Council; the text consulted prints no such notification, so this article does not say whether the Council has been set up. Second, no regulations of the Council and no rules prescribing terms of service are printed. Third, section 43J carries its own footnote, showing it as substituted by Act 3 of 2021, s. 3, with effect from 4-11-2020, and the Eighth Schedule is shown as omitted by the same Act; both dates are given as printed.
Section-wise articles: sections 43A and 43B, section 43C and section 43D.
"India as an arbitration hub": what the text itself says
The phrase is not in the Act. The nearest words are in section 43D, which sets out what the Council is to do:
- its duty is to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism, and to frame policy and guidelines for uniform professional standards in respect of all matters relating to arbitration (section 43D(1));
- it may act as a forum for exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration and conciliation (section 43D(2)(f));
- it may promote institutional arbitration by strengthening arbitral institutions (section 43D(2)(h));
- it may make recommendations to the Central Government on measures for easy resolution of commercial disputes (section 43D(2)(g)).
These are functions given to a body. The text does not, and cannot, show how far they have been carried out, and this article makes no claim on that.
Section 87: proceedings begun before 23rd October, 2015
Section 87 says that, unless the parties otherwise agree, the amendments made by the Arbitration and Conciliation (Amendment) Act, 2015 shall not apply to arbitral proceedings commenced before its commencement (23rd October, 2015) or to court proceedings arising out of them, whenever those court proceedings commenced; and shall apply only to arbitral proceedings commenced on or after that commencement and to court proceedings arising out of them. The Appendix prints section 26 of the 2015 Amendment Act on the same subject, and the Explanation to section 36(3) deals with the second proviso there. Each is stated as printed in section 87; they are not reconciled here.
What this means for a contract or a pending case
- Timelines. Count six months for pleadings and twelve months for the award as sections 23(4) and 29A(1) print them.
- Interim relief after the award. Section 17(1) as printed is confined to the period of the arbitral proceedings; section 9 covers the period after the award and before enforcement.
- Confidentiality. Section 42A binds the arbitrator, the arbitral institution and the parties, with the exception for the award.
- Challenge. A section 34 applicant relies on the tribunal's record for the clause (a) grounds.
Need help applying the 2019 changes?
Whether a 2019 change applies depends on the dates in your matter and the wording of your clause. Our legal consultation service reads both against the provisions above and gives you a written note on timelines, confidentiality and interim relief.
Key takeaways
- Eleven footnotes in the text cite Act 33 of 2019; they cover the ten entries in the table above.
- All print 30-8-2019 except Part IA (12-10-2023); section 87 prints "r.w.e.f. 30-8-2019".
- Part IA provides for the Arbitration Council of India; the notification establishing it and its regulations are not in the text consulted.
- Section 43D sets out functions of the Council, including the aim of making India a robust centre for arbitration; the text shows no result.
- Later amendments should be checked.
Read next
- 2015 and 2019 amendments: every footnote in tables
- Sections 43-I, 43J and 43K: grading, accreditation and depository of awards
- Sections 43H, 43L and 43M: experts, regulations and the Chief Executive Officer
- Sections 49 to 52: foreign award as decree, appeals and saving
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.