Journal Article

Proposed Amendments to the Indian Arbitration Act: A Fraction of the Whole?

Sumit Rai

in Journal of International Dispute Settlement

Volume 3, issue 1, pages 169-204
Published in print March 2012 | ISSN: 2040-3585
Published online November 2011 | e-ISSN: 2040-3593 | DOI: http://dx.doi.org/10.1093/jnlids/idr019
Proposed Amendments to the Indian Arbitration Act: A Fraction of the Whole?

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  • Arbitration
  • Private International Law and Conflict of Laws
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The Indian law ministry released a consultation paper in April 2010 inviting comments on proposed amendments to the Indian Arbitration Act. While based on the Model Law, the interpretation of the Indian Act in 15 years since enactment has created serious divergence from transnational standards. A unique absurdity is the delimited application of the Act to even arbitrations seated outside India. Merits review has crept in through innovative means. Public policy defence is read as the repository of all residual powers. The proposals identify the problems, but do they walk the talk? This article analyses the contours of these problems in detail and puts the proposals to test. The conclusion in most cases is that the proposal covers a fraction of the whole issue it attempts to deal with. This article contains suggestions that could help complete the task and align Indian arbitral regime to transnational standards on these issues.

Journal Article.  17846 words. 

Subjects: Arbitration ; Private International Law and Conflict of Laws ; Public International Law ; Settlement of Disputes

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