Impact Of Supreme Court Decisions On Institutional Arbitration

Understanding Institutional Arbitration in India

Definition and Key Features of Institutional Arbitration

Institutional arbitration is a dispute resolution process administered and supervised by specialized arbitral institutions according to predefined arbitration rules. It involves comprehensive administrative support for the appointment of arbitrators, fixing arbitrators' fees, managing procedural timelines, providing arbitration venues, and scrutinizing arbitral awards, thereby reducing the parties' procedural responsibilities. Institutional arbitration operates within the legislative framework of the Arbitration and Conciliation Act, 1996 ("the Arbitration Act") (amended in 2015 and 2019), particularly Sections 11 (Appointment of Arbitrators), 12 (Impartiality and Independence of Arbitrators), and Section 29A (Time Limit for Arbitration Proceedings).