Chapter

International Commercial Arbitration in India:

Kusum Dhanania

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI: http://dx.doi.org/10.5790/hongkong/9789622098510.003.0005
International Commercial Arbitration in India:

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Based on arbitration proceedings in India, this chapter argues that commercial arbitration proceedings are increasingly being influenced by judicial processes, and hence are less consistent with the principles of negotiation and settlement, and their dialogic modes of interaction. These proceedings, the discussion argues, are becoming mere replicas of the judicial process in private settings. Such adversarial resolution of disputes is contrary to the spirit of arbitration of commercial conflicts. The study demonstrates the differences in the discourses of Commercial Arbitration proceedings in India, whether domestic or international, when influenced by the adversarial legal practice typical of litigation and by arbitration practices undertaken by non-legal participants, especially in commercial arbitration cases.

Keywords: negotiation; settlement; commercial conflicts; dispute resolution; globalization

Chapter.  5534 words.  Illustrated.

Subjects: Sociolinguistics

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