A Comprehensive Analysis of India as the Potential Arbitration Hub of the World

Authors

  • Gnanavel L.

Keywords:

Arbitration, speedy and cost efficient, disputes, settlement

Abstract

Even developed countries around the world are having problems attaining the status of hubs for international arbitration. India has frequently been regarded as a country that, in terms of investments, sends conflicting signals to the international investor community. It might be difficult for investors to decide whether or not to invest in India. Every country aspires to be the home of an arbitration centre because to the many benefits it offers. This article also discusses about the evolution of arbitration in
India and also the other historical developments. Every nation wants to attract increasing amounts of investment, but before doing so, investors consider a number of factors, such as the strength of the arbitration process, the friendliness of the government and courts toward arbitration, the ease of doing business, the stability of the environment, etc. In this article we will be discussing about how India can be serve as a seat for international arbitration and also what are the major difficulties in attaining the position. In terms of skill set, legislative and legal frameworks and other attributes India has a high potential to serve as a hub for arbitration all over the world. Thus it’s still a place for India to reach the status of global hub for arbitration. Thus to conclude this article thoroughly deals and discusses about the India’s seat and need for International arbitration.

References

Vijay K Bhatia, Judicialisation of International Commercial Arbitration Practice: Issues of Discovery and Cross-examination, 1Lalpand Law Review 15 (2011)

PASL Wind Solutions Pvt Ltd v. GE Power Conversion India Pvt Ltd, Civil Appeal No. 1647 of 2021.

Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd CS, (COMM) 286/2020.

ONGC v. SAW Pipes (2003) 5 SCC 705; Delhi Development Authority v. RS Sharma (2008) 13 SCC 80; ONGC v. Western Geco International Ltd. (2014) 9 SCC 263.

The Arbitration and Conciliation Act, 1996, § 34(2A), No.26 Acts of Parliament, 1996, (India).

White & Case LLP & Queen Mary University of London, International Arbitration Survey: Improvements & Innovations in International Arbitration (2015), available at http://www.arbitration.qmul.ac.uk/docs/164761.pdf (accessed on 30 July 2023).

White & Case LLP & Queen Mary University of London, International Arbitration Survey: Choices in International Arbitration (2010), available at http://www.arbitration.qmul.ac.uk/ docs/123290.pdf (accessed on 28 July 2023).

Julia Rosenthal, Hurdles of International Arbitration in India, Palladium Legal, available at www.palladiumlegal.com, (Last visited on 30.07.23)

Ibid

White Industries Australia Ltd v India, Final award, (2011), IIC 529.

Published

2023-10-23

How to Cite

Gnanavel L. (2023). A Comprehensive Analysis of India as the Potential Arbitration Hub of the World. Journal of Constitutional Law and Jurisprudence, 6(2), 101–106. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1399

Issue

Section

Federalism and Constitutional Issues

Categories