India’s aspiration to emerge as a global arbitration hub has led to significant legislative and institutional developments, including the strengthening of bodies such as the Delhi International Arbitration Centre.
Yet, the journey from aspiration to realisation remains incomplete.
- Legislative Evolution
Amendments to the Arbitration and Conciliation Act have sought to minimise judicial interference and promote institutional arbitration. These reforms have aligned Indian arbitration law with international best practices.
- Persistent Challenges
Despite legislative progress, enforcement delays and inconsistent judicial approaches continue to pose challenges. The perception of unpredictability remains a concern for international parties.
III. Institutional Arbitration
Institutions such as DIAC have introduced structured procedures, timelines, and administrative support. However, the shift from ad hoc to institutional arbitration is still a work in progress.
- Drafting as Strategy
Arbitration clauses are no longer boilerplate provisions. The choice of seat, governing law, and institutional rules can significantly impact dispute resolution outcomes.
- Conclusion
India’s arbitration framework is evolving, but sustained reform and judicial consistency are essential to achieving global credibility.