A New Epoch: Charting India’s Path to Global Arbitration Prominence

Rudi, Fanuel

Student, B.A., LLB (Hons) Semester 9, NIILM University Kaithal

Abstract

The practice of arbitration, in India, traces its origins back to ancient legal systems like the Mitakshara School of Law and further evolved under British colonial enactments, notably the inception of the India Arbitration Act of 1899. This historical continuum has been punctuated by significant developments marked by amendments in 1996, 2015, 2019 and 2021, indicative of India’s unwavering commitment to cultivating a robust arbitration culture.  Strengthened by this historical foundation and fortified by British legal influences, India, the world’s fifth-largest economy, harbors the aspiration to firmly establish itself as a global arbitration hub. The development has been gradual and ongoing with various initiatives, reforms and pivotal judicial decisions being implemented. This paper critically scrutinizes India’s potential within the evolving legal landscape, examining its legislative foundation and contemporary ambitions in the global arbitration arena.

Keywords: International Arbitration, Arbitration in India, Legal reforms, Historical Development of Arbitration, Global Arbitration Hub, Evolution of Arbitration Practices.

Impact Statement

Delving into the intricacies of arbitration, where international arbitration serves as a nexus for diverse legal cultures, this research scrutinizes the choices of arbitration seats. In a landscape dominated by prominent jurisdictions like London, Singapore, Hong Kong, and Sweden, India’s robust arbitration framework, economic strength and growing pool of arbitration professionals, demand attention. This study examines whether India can evolve into a beacon of efficient cross-border dispute resolution. It reveals India’s promising position, poised not just for participation but leadership in global dispute resolution. Despite challenges like procedural delays and anti-corruption measures, India’s proactive stance positions it to surmount these obstacles. This study envisions India’s emergence as a preferred destination, offering efficiency, reliability, and innovation in resolving cross-border disputes. Anticipating India’s ascent, this research foresees a significant contribution to the evolution of the international arbitration landscape.

About Author

Hailing from Malawi, Fanuel Rudi is a budding legal scholar traversing the ever-shifting sands of international law. As a final year BA LLB student at NIILM University, India, his mind thirsts for unravelling intricate legal landscapes, particularly in the realm of alternative dispute resolution.

Fuelled by an insatiable intellectual curiosity, Fanuel’s approach transcends mere research and publication. He actively contributes insightful articles to the White Code Legal International Centre of Research and Excellence, fostering critical discourse in the field. His research paper, “Provisional Measures: Navigating the Complexities of International Arbitration,” published with The Amikus Qriae, is a testament to his approach towards nuanced legal issues and analytical prowess.

Fanuel’s passion extends beyond the page as he recently presented his thought-provoking paper, “A New Epoch: Charting India’s Path to Global Arbitration Prominence,” at the ICERT One Day Conference (17/ 12/ 2023). This captivating address exemplifies his dedication to contributing to the ongoing conversation in the global arbitration landscape. 

More than just an academic explorer, Fanuel seeks a holistic understanding. He blends critical thinking with honed argumentation, negotiation, and problem-solving skills, enabling him to approach legal challenges from diverse angles, ultimately forging practical and effective solutions.

As Fanuel stands poised on the precipice of his final year, his journey in international law promises to be one of continuous learning and insightful contributions. His commitment to critical analysis, coupled with his dedication to sharing knowledge and finding practical solutions, makes him a rising star in the field, ready to navigate the intricate pathways of international law with confidence and passion.

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10. Ibid, at Part II

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