2015 · GS Paper 2 · Q6 · 12 marks

What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India's dispute resolution mechanism? Discuss.

In short

The 2015 Ordinance set a 12-month deadline for awards, ended automatic stays on challenges, narrowed the public policy ground and extended interim relief to foreign-seated arbitrations. It improves speed and finality, but dispute resolution improves only partly while arbitral institutions remain weak.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
With India ranked 178th of 189 on enforcing contracts (Doing Business 2016), the President promulgated the Arbitration and Conciliation (Amendment) Ordinance on 23 October 2015, drawing on the Law Commission's 246th Report (2014). It aimed to make arbitration quick, final and free of court interference.
Major Changes Brought by the Ordinance
•

Faster appointments

Section 11 vests appointment in the Supreme Court or High Court, limited to checking that an arbitration agreement exists, with disposal within 60 days.

•

Stronger tribunals and costs

Section 17 interim orders became enforceable like court orders, Section 29B added a six-month fast track on written pleadings, and Section 31A makes the loser generally bear costs, with a model fee scale in the Fourth Schedule.

How Far Dispute Resolution Will Improve
•

Speed and finality

Time limits, with fee cuts for delay, and the end of automatic stays target the main delays, and the narrow public policy test reverses the merits review of ONGC v. Saw Pipes (2003).

•

Investor confidence

Interim relief for foreign-seated arbitrations closes the BALCO (2012) gap, and India rose to 163rd on enforcing contracts by Doing Business 2020.

•

Limits

The rigid 12-month rule was relaxed in 2019, pending cases needed BCCI v. Kochi Cricket (2018), and ad hoc arbitration and government appeals persist, prompting the Srikrishna Committee (2017) to urge an Arbitration Council of India.

Conclusion
The Ordinance was the biggest step since 1996 towards speedy, court-light arbitration, but it improves dispute resolution only partly because it fixed procedure before institutions. An arbitration hub needs strong institutions and a disciplined government litigant.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Before and After the 2015 Ordinance. Before and After the 2015 Ordinance. Comparison of Before 2015 and After Ordinance
Diagram: Before and After the 2015 Ordinance

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Government Interventions — Schemes & Legislation5 questions

Asked in 4 of 14 sittings since 2013

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2014
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2015
2
2016
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2017
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2018
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2019
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2020
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2021
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2022
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2023
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2024
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2025
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2026
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Question from the official UPSC Civil Services (Main) Examination 2015 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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