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Costs Allocation Under the Amended Indian Arbitration Law: A Critique

Proceedings of the Conference on Dispute Management in Infrastructure Projects: New Challenges, May 19-20, 2017, Vigyan Bhawan, New Delhi

8 Pages Posted: 23 May 2017  

Date Written: April 15, 2017

Abstract

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law on the subject. Based on the said Report, Section 31(8) stood replaced by a new provision on costs in the form of Section 31A. This paper examines if the new regime on costs allocation is satisfactory, especially in the light of objectives of the recent amendments. The paper specifically focuses on whether arbitral tribunal and courts award costs in the arbitral proceedings or in arbitration related court proceedings respectively in consonance with the objectives of the latest amendments to the Act.

Keywords: Costs, Indian Arbitration, English Rule, Costs Allocation, Indemnity Costs

JEL Classification: K10, K12, K4, K40, K41, K49

Suggested Citation

Srinivasan, Badrinath, Costs Allocation Under the Amended Indian Arbitration Law: A Critique (April 15, 2017). Proceedings of the Conference on Dispute Management in Infrastructure Projects: New Challenges, May 19-20, 2017, Vigyan Bhawan, New Delhi. Available at SSRN: https://ssrn.com/abstract=2971999

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