Dilip S John, LLM (CCL), Christ Deemed to be University, Bangalore, India
Dr. Gopi Ranga Nath V. (Professor), Christ Deemed to be University, Bangalore, India
ABSTRACT
Arbitration has become a vital mechanism for dispute resolution in India, particularly in commercial, construction, and international trade sectors, due to its efficiency, flexibility, and cost-effectiveness compared to traditional litigation. Governed by the Arbitration and Conciliation Act of 1996, which aligns with the UNCITRAL Model Law, India's arbitration framework has evolved through legislative reforms and judicial interventions. This paper examines arbitration procedures, including initiation, tribunal appointment, conduct, and enforcement of awards, while comparing India’s approach with the United States and the United Kingdom.
The regulatory framework, shaped by amendments in 2015, 2019, and 2021, aims to streamline arbitration by reducing court intervention and promoting institutional arbitration through bodies such as the Delhi International Arbitration Centre (DIAC) and Mumbai Centre for International Arbitration (MCIA). However, judicial interference remains a challenge, particularly in enforcing arbitral awards and interim measures. Interim relief, granted under Sections 9 and 17 of the Act, plays a crucial role in maintaining the status quo during proceedings, though tribunal-issued measures often lack direct enforceability. A comparative analysis reveals that the U.S. and U.K. offer more effective enforcement mechanisms, limiting judicial intervention and ensuring greater procedural efficiency.
Despite progress, challenges persist in India’s arbitration landscape, particularly in enforcing awards, reducing court dependency, and strengthening institutional arbitration. To enhance its global competitiveness, India must further refine its arbitration laws, empower arbitral tribunals, and ensure timely enforcement of awards. Aligning with international best practices will be key to establishing India as a leading arbitration hub.
Comments