Evolution And Development Of The Law Of Arbitration In India

Anushka Kumar, LLB, Amity Law School, Amity University, Noida, Uttar Pradesh Dr. Khushboo Malik, Assistant Professor, Amity Law School, Amity University, Noida, Uttar Pradesh

ABSTRACT

The main aim of this paper is to carefully analyse the evolution and development of the law of Arbitration in India. The concept of Arbitration in India dates back to the presence of bodies such as Puga, Sreni and Kula as defined by the Mitakshara School of Law. These bodies were popular for resolving disputes in Ancient India. The rules of Arbitration were also written in the Muslim Commentary-Hedaya. After a series of enactments during the British Rule, the Indian Government passed various Acts, which gave a legislative structure and strength to the law of Arbitration in India. However, the law was immensely guided by the International Conventions and Treaties which were already in force in this matter. The author has made an attempt to trace the journey of the law of Arbitration in India through all the developments and amendments. Starting from the Arbitration Act of 1940, the author has outlined the route taken through International Conventions, adoption of Model Law, Act of 1996, Amendment Acts of 2015 & 2019, impact of Covid-19 pandemic on Arbitration proceedings in India, till the current pro-arbitration outlook provided to India with the Arbitration and Conciliation (Amendment) Act, 2021. Along with the developments in each of the Acts passed by the Government of India, the author has analysed landmark case laws which have provided different interpretations to questions of law related to Arbitration. After a careful analysis, the author concluded that the law of Arbitration has developed after a series of developments and modifications. It is still a developing law. The dream envisioned by the law makers to make India an Arbitration hub is becoming clearer as days pass by, however there is still a long road to tread upon.

Keywords: Arbitration, Arbitration and Conciliation Act, International Conventions, Model Law, Ancient India.