Over the past decade, Indian courts have repeatedly affirmed a strong pro-enforcement stance towards foreign arbitral awards under Part II of the Arbitration and Conciliation Act, 1996 (“The Act”), with a focus on the narrow refusal grounds in Section 48. Against this backdrop, the Madras High Court’s decision in Olam International Ltd. v. Manickavel Edible Oils (P) Ltd. (“Olam”) presents an interesting position.
The ambition of India to become a global hub for Alternative Dispute Resolution (ADR) remains unfulfilled, despite a robust legal framework as the Arbitration Council of India and Mediation Council of India which were projected as pillars of institutional reform following the 2017 Srikrishna Committee Report have their existence only on paper. While examining the systemic, political and budgetary shortcomings that have postponed operationalisation, this analysis also compares India’s approach with Singapore’s successful model and argues for immediate institutional accountability. Albeit legislative foundations remain strong, investor confidence and India’s competitive position in international dispute resolution markets are at risk due to the ongoing discrepancy between policy rhetoric and practice.
This article examines the integration of AI in Indian arbitration within the framework of the Draft Arbitration and Conciliation (Amendment) Bill 2024. While AI offers administrative efficiency and cost-effectiveness for ADR mechanisms, significant challenges persist: algorithmic bias violating Article 14, opaque decision-making undermining Section 31 award requirements, and the absence of explainability standards. International precedents (EU GDPR Article 22, SCHUFA case, CIArb 2025 Guidelines, UK Ayinde judgment) demonstrate mandatory human oversight and transparency requirements. India must implement comprehensive multi-layered frameworks addressing transparency, bias mitigation, DPDP Act 2023 compliance, and human agency preservation to achieve global arbitration hub status by 2030 while maintaining procedural fairness and justice legitimacy.
This article examines recent Indian jurisprudence regarding the mandatory nature of Nature of Dissatisfaction (“NoD”) timelines under the International Federation of Consulting Engineers (“FIDIC Contracts”) and similar contracts and reflects on how this has evolved into a threshold issue that must be addressed before any arbitral tribunal can be engaged. The authors will also discuss the possibility of invocation of the Atlantic Shipping clause as a defence in such Indian cases. The piece will end establishing that jurisprudence on the mandatory nature of NoD is well-settled so far in India. The authors will refer to the FIDIC Yellow Book, 1999 edition, primarily because most disputes currently in the Indian legal system still follow the 1999 edition rather than the 2017 edition.
By Hunar [Author is a student at Rajiv Gandhi National University of Law, Punjab] A five-judge bench of the Supreme Court delivered its judgment in Central Organisation for Railway Electrification (CORE) v. M/s ECI-SPIC-SMO-MCML (JV), resolving the longstanding debate on unilateral appointments of sole arbitrators in public-private contracts. The ruling marks a pivotal step toward promoting procedural impartiality and inclusivity
By Pragya Richa Tiwary [Authors is a student at Dharmashastra National Law University, Jabalpur] Abstract The legal domain is advancing and adapting itself to the contemporary tech driven world. In alignment with such evolutions, Alternate Dispute Resolution has advanced to being Online Dispute Resolution. To enhance efficiency and reduce pendency, employing blockchain technology in out of court settlements is suggested.
By Rishika Sharma and Shambhavi [Authors are final year students at Chanakya National Law University] ABSTRACT With India’s growth as a global commercial hub, inviting businesses and corporations, it is natural that there are expectations for smooth arbitration proceedings. Third-party funding emerges as a win-win situation, where claimants can access financial support to pursue their claims, and funders can find
By Soumyajit Haldar [The author is a fourth-year student at the West Bengal National University of Juridical Sciences.] Introduction The Industrial Disputes Act (hereinafter referred to as the ‘ID Act’) is a beneficial enactment introduced primarily for the welfare and protection of employees. In order to address the presence of significant imbalances in the bargaining power that often exists between
[By Aarushi Lunia] The author is a second-year B.A. LL.B. (Hons.) student at West Bengal National University of Juridical Sciences (NUJS), Kolkata. Introduction “…mediation is no longer an option; it is a necessity…” U.N. Secretary-General António Guterres (2018) Maintaining global peace is essential for resolving high-tension situations through harmony, and collaboration, the values shared by mediation. Mediation ensures
[By Abeer Sharma] The author is a a second-year law student at Rajiv Gandhi National University of Law, Punjab. Introduction The Consumer Protection Act of 2019, surfaced through minor amendments with the passing of the Mediation Act, 2023. Section 65, read in coherence with the Tenth Schedule of the Mediation Act, proposed various changes related to mediation, with the