From Jurisdiction To Enforcement: India's Approach To Cross-Border Arbitration

Cross-border arbitration involving Indian parties has long been shaped by recurring jurisdictional contestation rather than settled doctrine. Despite India's legislative alignment with international arbitration norms and repeated affirmation of a seat-centric framework, questions concerning the role of Indian courts persist, particularly where parties seek court assistance in foreign seated arbitrations or resist enforcement of foreign awards. The tension between territorial restraint and judicial intervention becomes most visible when Indian courts are invited to grant interim relief, appoint arbitrators or adjudicate objections at the enforcement stage. Recent jurisprudence has sought to bring greater clarity to this landscape with respect to the scope of Indian courts' jurisdiction in foreign seated arbitrations and the enforcement regime under Part II of the Arbitration and Conciliation Act, 1996 ("Act").