Legal Issues in International Commercial Arbitration in India A Comparative Study

Abstract

Law is required to regulate the conduct of the people living together in the society. The reasons is very obvious, conflict amongst society mushroomed with the growth of society. Due to growth of the society human conflicts are inevitable, because of this unwanted situation it is needed that, there should be a strong, easy and quick mechanisms for resolutions of such disputes. It is also required that disputes must be resolved at minimum cost and quickly, so that the overburden upon judiciary may be reduced and at the same time speedy justice may be ensured for such unavoiding situations. newlineThe whole research work is divided into seven chapters. The first chapter An Introduction to Alternative disputes Resolution system is an attempt to examine basics about the alternative disputes resolution system ( ADR).Whereas The Second chapter is a detail study of Historical background of International Commercial Arbitration. The Third chapter is with respect to the International Commercial Arbitration(ICA) in India. As well, The Forth chapter is an analytical discussion towards International Commercial Arbitration(ICA) and is devoted to the comparative analysis of procedural aspects of the International Commercial Arbitration of China, Hongkong, Singapore USA and South Africa and India. The Fifth chapter is a comprehensive and critical analysis conspicuous deficiencies in International Commercial Arbitration in India. The Sixth chapter is based upon the empirical study. In this chapter the researcher prepared a structured questionnaire containing open end questions, suggestion based questions as well rating questions, which was sent to different stakeholders. The major objective of this experimental study is to collect the views/ opinions of a wide-ranging stakeholders on improvements and innovations, both past and probable, to make effective International Commercial Arbitration mechanisms in India so as to come up with concrete solution for Indian commercial communities. newline