Assessing The Viability Of An Appellate Arbitral Tribunal In India

Assessing The Viability Of An Appellate Arbitral Tribunal In India:

A Step Forward or a Departure from Global Arbitration Standards?

A. Introduction

The proposal to introduce an Appellate Arbitral Tribunal (AAT) into India’s arbitration architecture, most prominently reflected in the Draft Arbitration & Conciliation (Amendment) Bill, 2024, has rekindled debate over the proper balance between party autonomy, finality, institutional quality, and judicial supervision. Proponents portray an AAT as an institutional innovation that would enhance the quality of awards, promote consistency, and reduce the burden on courts. Critics warn that an appellate layer risks destroying arbitration’s comparative advantage by permitting merits review, increasing costs and delay, and departing from the international norm of limited judicial interference. This article assesses the viability of an AAT in India by: (1) recounting the legislative and jurisprudential context; (2) weighing the theoretical