Some Steps The Government Can Take To Advance Arbitrations In India

In 1996, India replaced its 1940 arbitration enactment with a modern regime. The new Act was a blend of two United Nations documents - the UNCITRAL Model Law, 1985 and the UNCITRAL Arbitration Rules, 1976. These were tried and tested templates, the world over.

In India, however, the working of the Act has constantly run into trouble; riddled with too much court intervention and too little court support. Three decades of effort have not borne fruit as hoped for.

Here are some suggestions on what the government can do to promote a better arbitration regime:

Help build the ecosystem: Arbitration is sui generis. It is not court litigation. It needs a certain ecosystem. This has many parts and players and even with the best intentions, takes some doing. The government in particular can do its bit. Within about two decades, Singapore has risen from a marginal player to a top arbitration hub. To some measure, the credit goes to its government promoting 'Maxwell