Indian approach to international commercial and investment arbitration vis a vis global arbitral institutes a critical analysis

Abstract

The rise of international trade and investments by the foreign states has led to increased number of contractual relationships between the parties. The world is now moving towards a new regime of dispute settlement via alternative dispute redressal mechanisms like arbitration, mediation, conciliation, and negotiation. Arbitration and Conciliation Act, 1996 and amendments in 2015, 2019 and 2021 have promoted international commercial newlineand institutional arbitration in India. The amendments provide a slight sigh of relief but do not completely cater to the global needs of making India a preferred seat for international arbitration. The title of the thesis is INDIAN APPROACH TO INTERNATIONAL newlineCOMMERCIAL AND INVESTMENT ARBITRATION VIS- A- VIS GLOBAL ARBITRAL INSTITUTES: A CRITICAL ANALYSIS . It is covering the conceptual and theoretical framework of International commercial and International Investment arbitration, evolution of arbitration laws in India, comparative study of Indian arbitral institutes with respect to Singapore, UK and USA and judicial approach in international arbitration. It also analyses the judicial approach towards arbitration regime pertaining to enforcement of awards, newlineappointment of arbitrators or interim reliefs. The judicial intervention must be minimized and there is requirement of trained arbitration personals including foreign lawyers or academicians. Provisions must be made for third party funding and consolidation of arbitration proceedings providing data privacy. This study applies doctrinal methodology and through legislations, cases study, books, articles and research papers, relevant material newlinehas been collected. Along with doctrinal methodology, the empirical methodology newline(qualitative) has been adopted whereby hypothesis has been tested to reach out the findings and to find the answers of research questions.