Indian Approach to International Commercial and Investment Arbitration vis-a-vis Global Arbitral Institutes- A Critical Analysis

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 contributed to promote International Commercial and 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 book is covering the conceptual and theoretical framework of International Commercial and 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, appointment 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, Law Commission Reports and research papers, relevant material has been collected. Keywords: International Commercial Arbitration, International Investment Arbitration, Institutional Arbitration, International Commercial Courts, Amendments Arbitration and Conciliation Act, 1996.