2016SSRN Electronic JournalOpen access

Reforming Indian Arbitration Post-Reforms: Seven Challenges

Badrinath Srinivasan

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Abstract

The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The aforementioned Act attempts to address these problems. The leitmotif of this paper is that even if the Legislature introduces several reforms, those measures will achieve their end only if the stakeholders of Indian arbitration work towards those goals. This paper identifies seven measures that various stakeholders of Indian arbitration have to take to achieve the salutary aims of the said enactment.

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What this paper is about

The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The aforementioned Act attempts to address these problems. The leitmotif of this paper is that even if the Legislature introduces several reforms, those measures will achieve their end only if the stakeholders of Indian arbitration work towards those goals. This paper identifies seven measures that various stakeholders of Indian arbitration have to take to achieve the salutary aims of the said enactment.

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Available abstract

The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The aforementioned Act attempts to address these problems. The leitmotif of this paper is that even if the Legislature introduces several reforms, those measures will achieve their end only if the stakeholders of Indian arbitration work towards those goals. This paper identifies seven measures that various stakeholders of Indian arbitration have to take to achieve the salutary aims of the said enactment.

Key concepts: Arbitration, Conciliation, Legislature, Compulsory arbitration, Work (physics), Law and economics, Business, Political science

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