Associate Professor, Gujarat National Law University, Gandhinagar, India
Online published on 16 February, 2018.
This article examines the significant latest developments in the arbitration and court decisions withother events affecting alternative dispute resolution (ADR). This article analyzethe various landmark decisionsof the Supreme Court from the year 1994 to 2016taking much needed pro-arbitration approach such as declaring the Indian arbitration law to be seat-centric; removing the Indian judiciary‘s power to interfere with arbitrations seated outside India; referring non-signatories to an arbitration agreement to settle disputes through arbitration; defining the scope of public policy in foreign-seated arbitration; and determining that even fraud is arbitrable, while in contrast, this article also examines certain decisionsin which the Indian judiciary has been criticized. Further, this article analyzing the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act) which came into effect from October 23, 2015 * (when Ordinance passed) and the recommendations of 246thLaw Commission Report to clarified major controversies that arose in recent past. This article aims to summarize the position under Indian law on international commercial arbitration (ICA), seated within and outside India with judicial decisions. Further, to study whether the amendments incorporated by the Amendment Act are in the right direction towards ensuring an arbitration friendly nation?
Arbitration and Conciliation Act–1996, International, Arbitration, Commercial, Enforcement of an awards, Arbitrator, Jurisdiction, Amendment Act-2015