A Roadmap to Establishing India as a Hub Arbitration of International Arbitration
Keywords:
Institutional Arbitration, Judicial Minimum Intervention, Legal Reform, Global Dispute Resolution Hub, global economicAbstract
As India cements its position as a top-five global economy, the demand for a reliable and efficient commercial dispute resolution framework has reached a pivotal point. This paper examines the strategic plan for establishing India as a leading hub for international arbitration, progressing beyond its traditional reliance on ad-hoc procedures towards a more sophisticated
institutional model. The legislative scope of the Arbitration and Conciliation Act, 1996, has undergone significant changes through the instrumentalities of amendments to the Act in 2015, 2019, and 2021; however, several challenges remain. These include ongoing perceptions of judicial overreach, infrastructural gaps at emerging institutions such as the New Delhi
International Arbitration Centre (NDIAC), and a general lack of awareness among domestic companies about the advantages of institutional mechanisms. By conducting a comparative analysis of established global hubs like Singapore (SIAC) and Hong Kong (HKIAC), this study identifies key factors for success: minimal judicial interference, specialised arbitration panels, and
the adoption of technological innovations such as AI-integrated case management. Furthermore, the research indicates that India must embrace emerging sectors including Fintech and ESG- related disputes while streamlining procedures for Small and Medium Enterprises (SMEs) to broaden access to arbitration. Ultimately, the paper argues that transforming India into a leading
international arbitration seat requires a symbiotic relationship between a judiciary supportive of enforcement, a strong institutional framework, and proactive government policies that mandate institutional arbitration in public sector contracts.
References
India overtakes the UK as the world’s fifth-largest economy, World Economic Forum, accessed January 25, 2025, https://www.weforum.org.
Designing the Future of Dispute Resolution: The ODR Policy Plan for India, by The NITI Aayog Expert Committee on ODR, October 2021, accessed January 25, 2025,
Notification by the High Court of Gujarat, Ahmedabad, No. C.3001/2021, dated September 1, 2023, accessed January 25, 2025, https://arbitrationgujhc.gujarat.gov.in/.
Indian Arbitration Act 1899.
Aditya Singh, ‘Keeping up with the times: The Government of India proposes new arbitration law reforms’ (White & Case, 18 November 2024) https://www.whitecase.com/insight-alert/keeping-times-government-india-proposes-new-arbitration-law-reforms accessed 25 January 2025.
Prime Minister of India, 'Valedictory Speech at the National Initiative Towards Strengthening Arbitration and Enforcement in India Global Conference' (PIB, 23 October 2016) https://pib.gov.in accessed 25 January 2025.
Institutional Arbitration: The Emerging Need for a Robust Dispute Resolution Mechanism in India (CDR Centre) https://cdrcentre.com/institutional-arbitration-the-emerging-need-for-a-robust-dispute-resolution-mechanism-in-india/ accessed 25 January 2025.
The Arbitration and Conciliation (Amendment) Act 2015, s 29B.
Subhiksh Vasudev, 'The 2019 Amendment to the Indian Arbitration Act: A Classic Case of One Step Forward, Two Steps Backward?' (Kluwer Arbitration Blog, 25 August 2019).
Binsy Susan and Neha Sharma, 'New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub' (Kluwer Arbitration Blog, 4 May 2018
https://arbitrationblog.kluwerarbitration.com/2018/05/04/new-delhi-international-arbitration-centre-building-india-global-arbitration-hub/ accessed 25 January 2025.
Bharat Aluminium Co v Kaiser Aluminium Technical Service Inc, (2010) 1 SCC 72.
Binsy Susan and Neha Sharma, 'New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub' (Kluwer Arbitration Blog, 4 May 2018
https://arbitrationblog.kluwerarbitration.com/2018/05/04/new-delhi-international-arbitration-centre-building-india-global-arbitration-hub/ accessed 25 January 2025.
Ibid.
International Arbitration Act 1994.
Jonathan Leach, 'The Expedited and Emergency Arbitrator Procedures Under the SIAC Rules – Six Months On, How Have They Fared?' (Hogan Lovells) https://www.hoganlovells.com/-/media/hogan-
lovells/pdf/publication/articleonrevisionstosiacrules_pdf.pdf accessed 25 January 2025.
Insigma Technology v Alstom Technology ,[2009] SGCA 24.
Ling Yang, 'Recent Developments in Hong Kong Arbitration' (Kluwer Arbitration Blog, 17 October 2023)
https://arbitrationblog.kluwerarbitration.com/2023/10/17/recent-developments-in-hong-kong-arbitration/ accessed 25 January 2025.
Ibid.
Institutional Arbitration: The Emerging Need for a Robust Dispute Resolution Mechanism in India (CDR Centre) https://cdrcentre.com/institutional-arbitration-the-emerging-need-for-a-robust-dispute-resolution-mechanism-in-india/ accessed 25 January 2025.
Ibid.
The Arbitration and Conciliation Act 1996, s 34.
Binsy Susan and Neha Sharma, 'New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub' (Kluwer Arbitration Blog, 4 May 2018
https://arbitrationblog.kluwerarbitration.com/2018/05/04/new-delhi-international-arbitration-centre-building-india-global-arbitration-hub/ accessed 25 January 2025.
Ibid.
Civil Procedure Code 1908,s 89.
DMRC v DAMEPL ,2018 SCC OnLine Del 7549.
White Industries v Australia, [2018] SGCA 24.
IBA Arbitration Committee, Arbitration Guide: Malaysia (updated January 2018)
https://www.ibanet.org/document?id=Malaysia-country-guide-arbitration accessed 25 January 2025.
How COVID-19 Has Pushed Companies Over the Technology Tipping Point—and Transformed Business Forever'(McKinsey & Company) https://www.mckinsey.com/capabilities/strategy-and-corporate-finance/our-insights/how-covid-19-has-pushed-companies-over-the-technology-tipping-point-and-transformed-business-forever accessed 25 January 2025.
Kariuki Muigua, 'The Place of Environmental, Social and Governance (ESG) in Arbitration' (NCIA Alternative Dispute Resolution Journal, Vol 3 No 3) https://jusmundi.com/en/document/publication/en-the-place-of-environmental-social-and-governance-esg-in-arbitration accessed 25 January 2025.
Binsy Susan and Neha Sharma, 'New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub' (Kluwer Arbitration Blog, 4 May 2018
https://arbitrationblog.kluwerarbitration.com/2018/05/04/new-delhi-international-arbitration-centre-building-india-global-arbitration-hub/ accessed 25 January 2025.
Binsy Susan and Neha Sharma, 'New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub' (Kluwer Arbitration Blog, 4 May 2018
https://arbitrationblog.kluwerarbitration.com/2018/05/04/new-delhi-international-arbitration-centre-building-india-global-arbitration-hub/ accessed 25 January 2025.
Designing the Future of Dispute Resolution: The ODR Policy Plan for India, by The NITI Aayog Expert Committee on ODR, October 2021, accessed January 25, 2025,




