Abstract-
With the changing scenario of arbitration processes, the President of India has further enacted the Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) by adding amends to the Arbitration and Conciliation Act of 1996. This ordinance brings forty that all the stakeholders shall be getting an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or making of the arbitral award is believed to be induced by fraud or corruption. The Ordinance will be beneficial in cases where inherent illegality by fraud or corruption has been ‘prima-facie’ shown in court. However, it will be interesting to see how courts interpret the burden of proving a ‘prima-facie’ case of corruption or fraud.
Authored by Urfi Ansari, Rizvi Law College