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.