Arbitration & Dispute Resolution

Mediation and Conciliation

Domestic and International Arbitration

Enforcement of Awards in India

Enforcement of Awards outside India

The growth of global trade and the delay in the disposal of cases in courts under the formal judicial system in several countries made it crucial to have in place an Alternative Dispute Resolution system, particularly in commercial disputes. To secure the confidence of the international community and the growing volume of India’s trade and commercial relationships with the rest of the world, the Indian Parliament enacted the Arbitration and Conciliation Act of 1996 based on the UNCITRAL Model Law.
The main object of the Arbitration Act was to enable the expeditious resolution of a commercial dispute with minimum intervention by a court of law so that trade and commerce are not affected by cumbersome and protracted litigation.

All types of arbitration conducted in India are governed by Part I of the Arbitration Act, including international commercial arbitration, where the seat of arbitration is in India, (leading to a domestic award). Part II of the Arbitration Act deals with the enforcement of arbitration agreements and awards under the New York Convention and the Geneva Convention, where the seat of arbitration is outside India.
The Arbitration Act provides that in the case of an international commercial arbitration, the parties are free to decide on the substantive law governing the agreement/transaction, i.e., the parties can mutually decide to apply the law of any country of their choice to govern their commercial relationship. This choice of law will have to be followed and applied by the arbitrator(s). However, the Act clearly mentions that the conflict of laws rules of the chosen country shall not apply.