Hastings Business Law Journal


Harpreet Kaur


This paper evaluates India's 1996 Arbitration and Conciliation Act and makes three points. First, it demonstrates that the Act improved the arbitration process since judicial intervention only occurs when necessary to police the process and to resolve and interpret ambiguities about Parliament's intent. Second, in spite of being a substantial improvement, the process can be even more effective in expediting the process with a few revisions. Arbitration in India can further improve if the arbitral tribunal had a more active role in dispute resolution. Finally, revising the act to only allow institutional arbitration is crucial for parties and attorneys to gain confidence in the legitimacy of arbitration process.