Mar 26, 2024

25 Not Out: A Tale of Two Cities

The enactment of the principal arbitration legislation in India, the Arbitration &
Conciliation Act, 1996, notably coincided with the enactment of the United Kingdom’s
Arbitration Act, 1996. While both turned 25 years old in 2021, the two jurisdictions have seen
distinct paths in the development and evolution of their respective arbitration landscapes.
London, traditionally, has always been a significant seat of arbitration for parties around the
world due to its consistent pro-arbitration outlook. India, on the other hand, had a questionable
decade following the enactment of the Indian Arbitration Act, but is now gradually moving
towards establishing itself as a preferable seat of arbitration. As India emerges as an economic
power, it has taken significant strides to ensure a predictable, transparent, and reliable
framework for the enforcement of contracts. In doing so, the legislative and judicial outlook in
the country has been focused on building a strong arbitration culture, which emphasises giving
effect to arbitration agreements and awards. There are several overlaps in the arbitration laws
and practices of both India and the United Kingdom. This article discusses the comparative
approach of Indian and English arbitration laws and practices. In doing so, it analyses the
similarities and overlaps between the approach of courts in the two jurisdictions, particularly
with respect to arbitral autonomy and the enforcement of arbitration agreements as well as
foreign arbitral awards.

Please read the entire article here.





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