INDIA AND THE LANDSCAPE OF INTERNATIONAL COMMERCIAL ARBITRATION

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Authors: Anirudh Singh Tanwar
Cited by: 0

Abstract

International Commercial Arbitration (ICA) has emerged as a pivotal mechanism for resolving cross border commercial disputes in an increasingly globalized economy. This article critically examines India's evolving position within the international arbitration landscape, with particular focus on its legislative framework, judicial approach, institutional capacity, and systemic challenges. Anchored primarily in the Arbitration and Conciliation Act, 1996, India's arbitration regime reflects significant efforts toward harmonization with global standards, particularly the UNCITRAL Model Law framework. The paper analyzes the role of the Indian judiciary in shaping arbitration jurisprudence, highlighting key developments that have influenced court intervention, arbitrability, and enforcement of awards. It further evaluates the state of institutional arbitration in India, identifying infrastructural gaps, issues relating to arbitrator expertise, procedural inefficiencies, and cultural resistance rooted in a litigation centric mindset. By assessing legislative amendments, institutional reforms, and policy initiatives, this article argues that while India stands at a transformative crossroads, structural reforms and capacity building measures remain essential to establishing it as a preferred global arbitration hub. The study concludes that strengthening institutional mechanisms, minimizing judicial interference, enhancing procedural efficiency, and promoting arbitration culture are critical steps toward building a robust and internationally competitive arbitration ecosystem in India.

Fields of Study & Subjects

International Arbitration and Investment Law Dispute Resolution and Class Actions Comparative and International Law Studies

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
1 March 2026
Language
EN