Friday, February 13
Lawyers in India

Arbitration

India’s ambition to become a global arbitration hub received a major push with the 2019 and 2021 amendments to the Arbitration and Conciliation Act, aimed at promoting institutional arbitration. This article examines whether that legislative vision has translated into practice by analyzing key Supreme Court decisions, the stalled Arbitration Council of India, and the growing role of institutions such as MCIA, DIAC and IAMC Hyderabad.

India’s approach to arbitration is becoming more flexible and practical. Disputes involving fraud, intellectual property, and employment are no longer automatically excluded from arbitration. Instead, courts now examine whether the dispute concerns private contractual rights between parties or broader statutory rights that affect the public at large. This approach strengthens party autonomy while ensuring that matters of public interest remain protected. Overall, it shows India’s growing alignment with global pro-arbitration practices, even though some legal uncertainties still remain.

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