INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
14.2 Growth Areas While the Mediation Act, 2023 has contributed towards faster resolution of commercial disputes in a cost-effective manner, one of the main areas of growth for commercial disputes is technology disputes and breach of data protection clauses.
An appeal can only be filed if a court refuses to enforce a foreign award. However, if the court dismisses the objections against enforcement of the foreign award, no statutory right to appeal exists, but the aggrieved party may challenge said order before the Supreme Court by way of a special leave petition filed under Article 136 of the Constitution of India. 14. Outlook 14.1 Proposals for Dispute Resolution Reform Constitution of an Expert Committee The government of India set up an Expert Com- mittee in June 2023 to suggest changes to enhance the arbitration process. This Committee issued its report on 7 February 2024, suggesting the following, among other proposals: • amendment to the definition of “court”; • amendment to Section 6 of the Arbitration Act to include Techno Legal Utilities as a suitable institution to provide administrative assis- tance; • disclosure of the identity of non-parties in cases of third-party funding; and • modifications to provisions regarding appeals under Section 37 of the Arbitration Act.
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