Our India practice guide has been published by The Legal 500
at
India: International Arbitration – Country Comparative
Guides.
Legal Framework
- What legislation applies to arbitration in India? Are
there any mandatory laws?
The Arbitration and Conciliation Act, 1996
('Arbitration Act') which replaced the
erstwhile Arbitration Act, 1940, Arbitration (Protocol and
Convention) Act, 1937 and Foreign awards (Recognition and
Enforcement) Act, 1961, governs domestic arbitration, international
commercial arbitration and enforcement of domestic and foreign
arbitral awards in India.
The Arbitration Act comprises four parts. Part I is a complete
code for arbitrations seated in India and governs, amongst others,
the commencement of arbitration, composition and power of the
arbitral tribunal, the conduct and termination of an arbitration,
ingredients of an award, the grounds on which an award may be
challenged and the enforcement of an award. Part II relates to
