Shaping Indian Arbitration Jurisprudence

A careful balance needs to be maintained between progressing arbitration laws and deviating from its historic global roots. 

The Indian Arbitration Act, 1996, is international in its outlook. It is founded on two United Nations documents: the UNCITRAL Rules of 1976 and the UNCITRAL Model Law of 1985. India adopted these blueprints for its international and also its domestic arbitrations.

Departures from the Model Law

Though based on the Model Law and the UNCITRAL Rules, the Indian act makes some departures. Essentially, the departures are meant to keep courts out of the arbitral process and insulate arbitrations from court delays. The act envisages recourse to a court in limited situations, including: