research paper on arbitration in india

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A Study on the Evolution and Development of Law of Arbitration in India

Rohan madhok.

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Student at Vivekananda School of Law and Legal Studies, India

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The principal objective of this research paper is to trace the Evolution of the law of arbitration in India and to carefully analyse the various stages of its development. Apart from litigation there are other alternative methods of dispute resolution which are quick and effective in nature. Arbitration is one such method. This paper starts with the Concept of Arbitration during the ancient times, where the author talks about the Arbitral bodies such as the Puga, the sreni and the Kula which existed during the Vedic era and the rules of arbitration written in the Hedaya which were followed during the Muslim Rule. This paper goes on to describe the various acts enacted by the British Empire to give a legislative structure to the law of arbitration in India. Thereafter the author has tried to analyse the various acts enacted by the Indian government which were heavily Influenced by International treaties and Conventions. Finally, the author has analysed the Law for arbitration which is presently in-effect in our Country, that is the Arbitration and Conciliation Act of 1996 along with the amendments made to it till 2019. Through this paper the author has come to Conclusion that in India the law of arbitration is still in development stage. The law of arbitration in India is still growing and the summit is yet to be touched by this branch of law. Indian Government has taken various significant steps to make the law for arbitration more efficient. Slowly but steadily India is establishing itself as an arbitration friendly country.

• Arbitration
• Muslim Rule
• British Empire
• International treaties and Conventions

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International Journal of Law Management and Humanities, Volume 3, Issue 2, Page 2027 - 2038

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright © IJLMH 2021

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http://doi.one/10.1732/IJLMH.26454

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Online Arbitration in India: Issues and Challenges

2020, CERN European Organization for Nuclear Research - Zenodo

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New Delhi, Mar 23 (PTI) Arbitration is the preferred method of dispute resolution over litigation in the country because of the speed of resolution, confidentiality and cost effectiveness but there is still scope for improvement, a survey has found.

Conducted by law firm Khaitan & Co, the survey, which focused on the experience of parties rather than advocates and experts involved in domestic arbitration in the country, asserted that most arbitrations take 24 to 36 months to complete while a majority wanted the exercise to be over within 12 months.

According to a press release, a large majority of those covered under the survey ‘Current Trends in Domestic Arbitration in India’, said they intended to use domestic arbitration in the future for both small and large disputes.

“Arbitration is the preferred method of dispute resolution over litigation because of the speed of resolution, confidentiality, cost effectiveness, and process with speed of resolution being the most important. Most arbitrations are taking 24 to 36 months to complete instead of 12 months, which is what parties expect,” according to the findings shared in the release.

The survey indicated there was “significant scope” for improvement to meet the expectations of the parties involved in arbitration proceedings.

“Simplification of award enforcement, penal consequences for non-compliance with time limits, and special court benches to deal exclusively with arbitration related matters were most favoured measures for improvement in the domestic arbitration process,” it stated.

The release said more than 80 per cent of the respondents were in favour of having “emergency arbitration measures” for urgent or time-sensitive issues, and that in spite of significant efforts, “ad hoc arbitration”, an arbitration held outside an institutional framework, remained popular. PTI ADS SK SK

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

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