ARBITRATION IN INTERNATIONAL COMMERCIAL TRANSACTIONS – INDIAN COURTS TO THE RESCUE

Published On: 01/05/2013

Practice Area: Dispute Resolution

Authors:

Arbitration is key to resolving disputes in the global economic scenario and is viewed as a gateway to speedier resolution of disputes. As arbitration rules of most nations have been based on or patterned after the United Nations Commission on International Trade Law (UNCITRAL) Model Laws, arbitration law and practice enjoy a certain level of uniformity across nations. This has made arbitration an attractive mode of dispute resolution for foreign investors in many countries. In India, commercial litigation is a long drawn and time consuming process. Thus, arbitration has become a preferred mode of dispute resolution in India. Detailed arbitration clauses typically form an integral part of every commercial contract in India. Moreover, in a majority of contracts, parties select an arbitration venue outside India, beyond the jurisdiction of Indian courts where legal battles can be a long drawn process