Siddharth Addy
Swastika Mukherjee
Abstract
The expansion and the evolvement of the process of globalization of overseas speculation, trade and commerce has perpetually led to the emergence of complex co-relation around the globe amidst various companies, financial institutions, investors and States. As, definitely, when the question comes to settle a portion of those connections breakdown, parties need to consider the best method for settling any disputes which might arouse in between them. Arbitration is one of such consensual, fast-paced system of resolving contradictions, between two parties, which are alternatives to trial and are resolved outside the boundaries of the court. This article governs on how international arbitration plays an important role and has evolved over two decades and has become an ideal tool for resolving disputes overseas, with the courts upholding the spirit of statutory framework of the The Arbitration and Conciliation Act, by adopting more interpretation of the arbitration clauses with utmost sincerity. The author(s) through this article intends to aware the readers that in instances of worldwide exchanges, how and when the arbitration proceedings are implemented and the challenges that are faced during implementation of the same.
Page Contents
- 1. Origin of Arbitration Law in India: [ Introduction]
- 2. What is International Arbitration?
- 3. Judicial trend of International Arbitration: –
- 4. Transparency and Diversity of International Arbitration:-
- 5. Challenges to implementation of International Arbitration: –
- 6. Strategizing for the Road Ahead: –
- 7. Conclusion: –
1. Origin of Arbitration Law in India: [ Introduction]
According to Hindu law, arbitration was first discourse in “Brhadaranayaka Upanishad”. The modern arbitration law was passed in India by Bengal Regulation Act of 1772. The loopholes in the act in the were soon discovered which led to the formation of India’s first legislative council in 1834, and the first special law was subsequently passed dealing with Arbitration Law, which is the Indian Arbitration Act of 1899.
The next law to take effect is the Civil Procedure Code of 1908, which replaced the previous Act of 1859. The new and improved code contains detailed arbitration clauses, applicable to all areas of British India not covered by the 1899 Act, that are being provided under sections 89 and 104 of Schedule II.
The provisions of the 1899 Act, being technical got replaced by The Arbitration Act of 1940, that corresponds with the provisions of the 1908 Civil Procedure Code. During the Arbitration Act of 1940, many people were sceptical about the technical aspects of the procedure of arbitration. The Act was then reviewed by the Indian Law Commission due to delays and difficulties caused by obstacles that hindered the smooth progress of the arbitration process and thereafter the whole Act got repealed by The Arbitration and Conciliation Act of 1996.
The government promulgated major changes back in 2015 by passing the Arbitration and Conciliation (Amendment) Act, 2015 which was the threshold of amending The Arbitration and Conciliation Act of 1996. Settlement of disputes has been practiced in India from the distant past and legal literature tells us of the ancient system of arbitration for resolving disputes concerning the family or trade or social group. The Constitution of India also puts it as Directive Principle of State Policy (DPSP) that state should encourage settlement of international dispute by arbitration as enshrined under Article 51(d) of the Indian Constitution.
2. What is International Arbitration?
Increasing international trade and global business venture growth around the globe have been rapidly increasing over the years, this also has a major drawback of growing conflicts between the nations thereby in order to overcome such conflicts and amicably settle dispute the law of international commercial arbitration has a very important role to play. “International Arbitration” has a foreign attribute. Arbitration per se becomes international when at least one of the parties involves in the resident or domiciled, outside India or the subject matter of the dispute is abroad. The law applicable to arbitration proceeding maybe the Indian law or foreign law, depending on the terms of the contract in the regard and rules of conflict of laws. We refer the matter of Chloro Controls India Pvt. Ltd. V. Severn Trent Water Purification[1] the court noted that several joint venture companies came into agreement with each other pertaining to agreement, a dispute raised subject to the fact that there was no AAA/ Arbitration clause, however in the said case the court held that they are in favor of arbitration clause and stated the clause have to “constructed liberally to achieve the goals of the act”. TDM Infrastructure Pvt. Ltd. v. UE Development India Pvt. Ltd[2], wherein, despite TDM Infrastructure Pvt. Ltd. having foreign control, it was concluded that “a company incorporated in India can only have Indian nationality for the purpose of the Act.” In the Atlas Export Case[3] the court held that foreign arbitral award is enforceable in India as it is not in contrary to the public policy of the land in India the court further gave Obiter Dicta “ that merely because the arbitral award is foreign in nature the agreement doesn’t stands void in limni because the parties to the agreement has lawfully accepted to the arbitral agreement.”
“Section 2(1)(f) of the Arbitration & Conciliation Act, 1996: –
“international commercial arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is—
(i) an individual who is a national of, or habitually resident in, any country other than India; or
(ii) a body corporate which is incorporated in any country other than India; or
(iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or
(iv) the Government of a foreign country;”
Further, section 28 of the Arbitration and conciliation act, 1996 reads, that ‘in matters of international commercial arbitration, the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute’; and in case such laws have not been pre-determined due importance to rule of law shall be given to reach at an amicable settlement.
3. Judicial trend of International Arbitration: –
The international commercial Arbitration came under the ambit of Arbitration and Conciliation act, under the ambit of section 2(1)(f) of the act, earlier the concept of international arbitration was a very new concept in India but over the time there has been a growing trend of International arbitration in the society to settle disputes. There might be several reasons for the growing trend of arbitration seats being settled abroad. The researcher points out some of the dominant points being i.e., Excessive advisory function of the Higher Court, excess delay in passing of order, proviso for the enforcement of the award in toto with such orders as passed in form of decree thereby defeating the very purpose of the arbitration. We also see that international arbitration are very proficient is settling the matter in a time bound and amicable manner. However, over the time we see that India is trying to promote the culture of International Arbitration to be in toto with the other nations, most recently a new notification was issued by the government on 11th, 2021 which thereby was named as the Arbitration and Conciliation (Amendment) Act, 2021 which was notified in the gazette of India, the Act overruled the ordinance of 2020 and paved its way towards promotion of International Commercial Arbitration. We refer to the Sundaram Finance ltd. V. Abdul Samad & Ors[4] the court held in this case that the award holders can now iniate execution proceedings before any court where the parties’ assets are located, Similar opinion was upheld in the matter of Daelim Industrial Co Ltd v Numaligarh Refinery Ltd[5], Sri Chandrashekhar v Tata Motor finance Ltd & Ors.[6]
We also see since 2015 Arbitration amendment, there has been significant changes in promotion of international commercial arbitration which has developed in restoring the faith in ADR procedure per se, there has been introduction of institutionalizing of independent commercial arbitration centre with a motive of making India one of the Global arbitration hub in India. The amendment which took in 2015, stated section 36 of the act which dealt with automatic stay order would apply to the parties to dispute in a retrospective manner. Further in 2017 a High-level committee was formed under the chairmanship of Justice BN Srikrishna, former Judge of the Supreme Court of India, the committee majorly dealt with providing recommendation to the union government in matter pertaining to International center for commercial arbitration, further amendment took place in 2019 which omitted the eight schedule which pertinently dealt with Qualification criteria for Arbitrator, this move was intended with the ratio decidendi to promote international arbitration in India one of the key objective which is prima facie clear is that the government is planning to “promote international commercial arbitration in India with maximum governance and minimum government[7].”
| REASON | INDIA | AFRICA | EUROPE | AMERICA |
| 1. Reason to choose Arbitration over litigation | Based on the pendency of cases in India and owing to Judge: people ratio its preferable to choose arbitration over litigation for quicker disposal of case. | speed, confidentiality and the ability of parties to have control over the procedure. | Sector Focus and Expertise of the
arbitrator. |
Perceived neutrality of arbitration. |
| 2. Perceived pitfall for arbitration | Expensive proceeding, time consuming, complex procedural formality. | Cost of arbitration is one of the most significant barriers to enforcing of arbitration clause. | More costly, less efficient and Higher procedural Complexity. | Cost, Delay, lack of Summary judgment, Litigation style. |
| 3. Preferred arbitration Institution | ICA, DIAC, MCIA, ICADIR | Association of Arbitrator, Ghana arbitration centre, KIAC | ICC, LCIA, SCC. | ICC, LCIA, AAA, ICSID |
| 4. Seats considered to be safe | Supreme Court of India, Kula Lumpur, Singapore or any other in India as mutually decided in the arbitration agreement | Africa, UK, France and Switzerland. | Paris, London, Switzerland also on some occasion Germany and Netherlands. | New York, Washington DC, Houston, Miami. |
| 5. Are the practitioner becoming too technical | Over the span of time, the Indian arbitrator are becoming technical which helps them to adjudicate a matter in a amicable manner. | No, there is a greater need for specialization of arbitrator, to overcome | Lack of general conscience on the subject matter of specialization and whether having specialization is a good or bad thing for the arbitrator. | Not specialised enough, these problems are highlighted at cases were inexperience counsel play role in international arbitration. |
| 6. Future of Interim Relief | India has seen growing trend of providing interim relief in India. | No interim relief is provided during the course of arbitration and thereby high time to provide greater access to interim relief to the parties. | Growing recognition of interim relief in countries like Paris interim relief are considered as desirable. | Interim relief are required and recognised by the courts in America. |
| 7. Accountability for speed, efficiency and decision-making quality. | Yes, greater accountability would highlight better administration of justice. | Greater accountability required for better administration. | The Tribunal shall be held responsible for speed, efficiency and decision making. | They should be hold more accountable for better and efficient decision making. |
| 8. Role of Technological Advancement | India has seen a significant increase in the Growing trend of adoptability to technology to resolve manners in an efficient and effective manner. | despite continuing development in this respect and a greater
availability of technology, it is not always reliable, and would therefore remain a challenge in the region. |
Increasing adoptability towards technological know – How, it’s no more about savvy but a necessity owing to the prevalent condition. | Participants generally believe that the advancement of technology will have a positive effect on
international arbitration |
Table – II[ Role of International Arbitration India v. World] [8]
4. Transparency and Diversity of International Arbitration:-
The International Commercial Arbitration proceedings that tends to resolves private law claims between private parties in a systematic manner, is far fletched and free from any National political intervention and stands autonomous being distinct from the set-up of any International governance institutions. Instead of formal, straightforward guidelines, authorities created procedures, the award of which which is rendered by the arbitrators who are dependent on their experiences of socially proficient encounters which is viably secretive, characterized by the sense of just, fair and reasonableness. In accordance to s.42A of the Act, it has been prescribed there that except for the disclosure of arbitration awards, arbitrators and arbitration institutions should not be affected by any disputes and hence confidentiality to be maintained during the proceedings. However, a progression of changes has been made worldwide in the matters of International Commercial Arbitration as it has been made extensively more straightforward, implying the system to be more adoptive to changes and being transparent be promptly accessible to the invested individuals, who in this occurrence are the persons involved in the matter. Simultaneously, a developing number of wilful and compulsory disclosures has been given to the parties involved as well as to the public at large about various cases as the intention of it being to enlighten and promote the inward operations of the alternative method of solving disputes. In order to encourage alternative dispute resolution mechanisms, courts have begun to adopt methods that support arbitration, such as in the matter of Afcons Infrastructure Ltd. v. Cherian Varkey Constructions[9], where the Supreme Court established effective guidelines for the courts to enforce the authorization of s.89 of CPC, to promote the ADR mechanisms and to respect and uphold the will of the parties involved in the case.
The idea of diversity in International arbitration it might be assessed under various gatherings, caste, gender or might be related to geographic, social, and ethnic diversity. But, it is not similar in cases of arbitrators due to the arbitrators who has incessantly been homogenous across the globe and are hard to break into because of their community being still dominated by “pale, stale, and male” decision makers who are mostly from the western world[10]. However, as per the reports of the International Council of Commercial Arbitration, 2020 it has showed a massive increase (3.7%-17% to 16.4%-29%) in the percentage of appointing female arbitrators from the year 2015[11]. As respects to geographical diversity, this sort of variety might be secured through means of arrangement of arbitrators across the globe having experiences in various legal backgrounds. Nonetheless, it ought to likewise be viewed as when question of appointment of arbitrators comes, it should be exclusively be associated with his legal knowledge and experience in the field and not on the basis of their gender and the nation they belongs to. Therein, the significance of diversity should be acknowledged in order to ensure the parties that diversity doesn’t intervene while the award is pass in the process and to guarantee them with the equality in the arbitrary procedure.
5. Challenges to implementation of International Arbitration: –
Even though the research suggests its readers that there is a significant growth of international arbitration in India and around the globe as we refer Table – II mentioned above we see that there has been an adoptability of technological know How in India pertaining to arbitration in growing time, we also see that in India the parties to dispute are inclined to towards arbitration over litigation, the government policy is also inclined towards making the nation an International Arbitration Hub. However, there are certain challenges which lies ahead.
5.1 Problem pertaining to Appeal: –
The parties to arbitration who have appointed arbitrator in commercial contract thereto have to live with the award as rendered by them. It is to be noted that whether the award is “good” or “bad” they don’t have an option, however the negative pitfall of such award is, that the parties to dispute choose litigation over ADR[12], thereby nullifying the effect of the arbitration clause. It is to be further noted that the parties to the dispute in the arbitration are entitled to just and fair decision that shall not necessarily be a correct one. We see that the international arbitration can’t generally be reviewed based on the merits of the case. However, owing to the growth of arbitration trend, several countries are arguing to amend international statue to allow the appeal in accordance with the provision of the law. We further refer to the arbitration appeal clause where the supreme court of India has upheld the validity of the clause.
5.2 Enforcement: –
The enforcement of the foreign arbitral award, rules om the 1958 New York convention, incorporated into two parts in the 1996 act. Domestic award is guided under section 36 of the act of the 1996, which states that the arbitral award shall be enforceable and will be regarded in toto with civil procedure code, 1906.[13] However, the act has concepts like “public policy’ and “prima Facie corruption” which are ever expanding in the Indian context such concepts are used by the counsel as tactics to derail the proceeding which causes delay in settling the dispute, the researchers note such actions are clear violation of the due process of law. It is also to be stated that in cases where the matter pertaining to arbitration is not settled amicably between the parties through domestic law, such matter can be rejected by the New York Convention.
5.3 Efficiency in the proceeding: –
The international commercial arbitration has time and again been accused of being an expensive and time-consuming affair, the researcher refers to a survey conducted in 2015 by the Queen Marry/ White & Black International Arbitration Survey which indicated that the cost of conducting international arbitration is (68%), Lack of arbitral efficiency (39%), Lack of Speed (36%) the abovementioned character where the worst among other.[14] Furthermore, the arbitrator takes too long to issue an arbitral award, to overcome such problem it is advised by the researcher to provide the arbitrator effective incentive to them to resolve the matter efficiently.
5.4 Cross Cultural Hindrance in Arbitral Proceeding: –
Cross cultural difference is one of the common disputes as observed by your researcher in matters pertaining to international arbitration, i.e., such problems can easily be highlighted in cases of examination of witness, active and passive role of tribunal, written or oral submission before the tribunal, use of international law & transitional law.[15] To overcome such dispute the researcher, suggest to use civil and common law which are traditionally followed and proved to be effective.
5.5 Conduct of Counsel: –
The Counsel representing the parties to dispute plays a very crucial role in an arbitration dispute, we note that due to diversity in cultural and legal backgrounds leads to lack of uniformity code which thereby creates a big hindrance in regulating a code of conduct. [16]There has been a growing concern over the conduct of the counsel in matter of arbitration proceeding it is felt that the conduct shall be closely regulated to enhance the standard of practice, institution of high repute like LCIA gave due regard to the abovementioned concern and states that regulating the counsel of conduct would set higher standard and better efficiency in enforcing arbitral award and conducting arbitration proceeding.
6. Strategizing for the Road Ahead: –
As a part of the research, we see that there exists several lacuna, in the effective implementation of international commercial arbitration in India, and for a matter of fact across the globe, we refer to the above – mentioned challenges and perceivable pitfall in the enforcement of commercial arbitration and as researchers we recommend the following suggestions which would be help to overcome thereby ensure effective implementation, timely action and amicable settlement thereby realising the dream of the government to make India a hub of “International commercial arbitration”
6.1 Emphasis on Technical Expertise: –
Time and often, the issue has been raised before the tribunal that the Arbitrator are too technical and too strict with the procedure established per se on a parallel note another matter has raised that when the arbitrators are not technically equipped with sound knowledge this results in infirmities and causes delay issuing award thereby defeating the purpose of Alternative Dispute Resolution(ADR),thereby an arbitrator having technical expertise would ensure higher degree of efficiency in decision making and coming to a more savvy decision compared to the one who is not so well equipped with such expertise, we as researchers have noted the point that the counsel are inclined towards derailing the tribunal procedure via application under section 34 of the act on the grounds that the arbitrator is not skilled or expertise in the subject matter such applications cause unprecedented delay in reaching a sound judgment, we would thereby further emphasis on the point that the Arbitration and Conciliation Act, 1996 (amended 2021) was developed as an mechanism to resolve disputes in an effective and efficient manner and not to use it as mechanism to derail a trail procedure, we emphasis on the obiter dicta laid down by your lordship D.Y. Chandrachud J in the matter of A. Ayyasamy v. Parmasivam & Ors[17]
D.Y.Chandrachud J. has observed:
“53. The Arbitration and Conciliation Act, 1996, should in my view be interpreted so as to bring in line the principles underlying its interpretation in a manner that is consistent with prevailing approaches in the common law world. Jurisprudence in India must evolve towards strengthening the institutional efficacy of arbitration. Deference to a forum chosen by parties as a complete remedy for resolving all their claims is but part of that evolution. Minimising the intervention of courts is again a recognition of the same principle.”
6.2 Discretionary Power of the Court to determine Cost: –
In the simplest terms cost is the amount imposed by the court upon adjudication of the matter at hand, it is generally the expense which is incurred by the parties to the matter, we refer to black’s Law dictionary: “A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prosecuting or defending a suit or a distinct proceeding within a suit” as determined in the matter of Apperson v. Insurance Co[18], Bennett v. Kroth[19], Chase v. De Wolf[20]; we further refer to Code of Civil Procedure(CPC) section 35 (cost) read with section 35A(Compensatory Cost), section 35B(Cost for causing delay) and order 20A(Miscellaneous Cost). In case of arbitration, the arbitrator can award cost in their order, in case the award is silent as to the matter of fact per se, the parties to the proceeding have to bear its own cost. Now there has been a growing trend towards issuing cost in lieu of award issued in the arbitration agreement which the researcher records to be fair, however on several occasion there has been noted that there is excessive cost awarded by the tribunal. The researchers suggest that due emphasis to section 31 of the act shall be given unless otherwise the amount of cost is fixed by the parties.
The arbitrator shall give due regard to these areas while fixing the cost: –
a. The party entitled to cost.
b. The party who shall pay the cost.
c. The amount of cost or method of determining the amount.
d. The manner in which the cost shall be paid.
6.3 Promotion of Technological Advancement: –
Over the years, there have been massive technological advancement in the world the society has changed and people have gradually started accepting technological development around themselves, however owing to the present changes the society is more compelled towards accepting the technological advancement in order to survive in this paranoic times. We refer to a landmark case held in 2018 Slowakische Republik v Achmea BV[21] where the court held there maybe risk involved in international commercial arbitration more than ever today, and the future of arbitration in uncertain and unforeseeable therefore it is critical to have ayes focused on and be prepared for the future ahead owing to the development of new technological know-how. More emphasis has to be given on providing adequate training to the arbitrators via arbitral institutions, bridge the gap between Artificial intelligence and International arbitration. Further Due emphasis has to be given on electronic evidence and focus of acquisition of technology and enhance the relation between human and technology while at the same time strengthen laws to protect the fraternity from hazards like data theft, hacking etc.
6.4 Regulating the Conduct of Counsel: –
There is need for regulating the conduct of counsel in International arbitration, there has been concerns over the ethical practice of lawyers in the transitional legal practice. Owing to the changing times, we see many arbitral Institutions have laid down guideline more ethical practice of there counsel for example, These include the International Bar Association (IBA) Guidelines on Party Representation in International Arbitration 2013, the general guidelines for parties’ legal representatives incorporated into the London Court of International Arbitration (LCIA) Rules 2014 and 2020 and the Singapore Institute of Arbitrators (SIArb) Guidelines on Party-Representative Ethics 2018. Setting guideline and establishing mechanism for regulating the conduct of counsel would ensure higher degree of standards in the tribunal proceeding thereby would ensure faster disposal of cases.
6.5 Emphasis on Accountability: –
There has been concerns raised in earlier times, that there has been significant delay in issuing award by the arbitrators, the quality of reasoning backed for the award issued and so on and so forth. This is to be duly noted that the arbitrators like that of judge are accountable for Implying law impartially and fairly, they are accountable for the integrity, independence and competence. [22] Higher degree of accountability would ensure better decision making, Higher degree of accountability would ensure greater transparency, thereby to achieve transparency do exist with the UNCITRAL Transparency Rules and the Mauritius Convention, and references to such rules in practically all the recent treaties.[23] What is missing now is the implementation in practice, by States ratifying the Mauritius Convention and disputing parties opting into the Transparency Rules for specific proceedings. While efforts are still needed to make transparency a routine, which efforts should not be underestimated, the lack of transparency in investment arbitration is largely an issue. We can thereinafter say that higher degree of accountability would ensure greater degree of ethical standards which would thereby ensure fair and impartial decision making.
6.6 Overcoming the appellate Concern: –
International Commercial and Investment arbitration involves complex legal issue , which are at stake due to the appellate procedure, The Arbitration Appellate Structure rests on the interest of the entire legal fraternity, thereby to balance and to ensure speedy and fair appeal procedure there should be a sensible balance between accuracy, diligence and efficiency.[24] In order to make the Arbitration Appellate review successful it involves carefully tailored application to meet the requirement of the board.
The Court observed in the Enron case[25] that: –
“The role of an ad hoc committee is a limited one, restricted to assessing the legitimacy of the award and not its correctness. . . . The annulment mechanism is not designed to bring about consistency in the interpretation and application of international investment law. The responsibility for ensuring consistency in the jurisprudence and for building a coherent body of law rests primarily with the investment tribunals. They are assisted in their task by the development of a common legal opinion and the progressive emergence of ‘une jurisprudence constante.”
7. Conclusion: –
The growth of international commercial and investment arbitration is evident in the recent times, we have duly noted that there is great global convergence and harmonisation in international commercial arbitration laws across the globe, thereby we see that we are realising the governments’ goal towards making India a hub of international arbitration, however we see that the Judicial authorities excessively intervenes in matters pertaining to international commercial arbitration. We note that one of the key intentions of the Arbitration and Conciliation Act 1996 amended (2021) was to minimise the role of the Judiciary in matter pertaining to international arbitration thereby such intervention defeats the purpose of the 1996 act. In Venture Global case[26] the Hon’ble Supreme Court reasoned with the Bhatia International v. Bulk Trading S.A. (Bhatia International) [27] where the court held that the concept of “Public Policy” also applies to foreign arbitral award and that the judiciary has power to set aside the validity of law if the award is in contravention with the Indian statues. Such decisions have impacted the growth of arbitration and making it a pseudo successful mechanism to resolve dispute.
We further see that owing to the paranoic times, there will be more adoptability towards technological advancement, more and more remote hearings are foreseeable in the near future( a new normal ), more insolvency matters are to be arbitrated in future, several disputes pertaining to Force majeure clause are reasonably foreseeable in modern times, as the nations are becoming more and more concerned towards achieving sustainability and growth more matters pertaining to environmental safety can be prima facie presumed. We as researchers have above – mentioned several strategies which may be adopted to overcome the issue at hand. Through effective implementation of law and adequate support of the government we as a nation would soon be able to fully realize our goals towards achieving “make India a Hub of International Arbitration.[28]”
[1] (2013)1 SCC 641.
[2] (2008) 14 SCC271.
[3] (1999) 7 SCC 61.
[4] Civil Appeal No 1650 of 2018, 15 February 2018.
[5] [2009] 159 DLT 579.
[6] [2015] 1 AIR Kant R 261.
[7] Making India a global Hub for Arbitration, Business Line,(6th, April,2021), https://www.thehindubusinessline.com/opinion/making-india-a-global-hub-for-arbitration/article34152992.ece.
[8] The current state and future of international arbitration, International bar association, (9th April,2021)
[9] 2010 (8) SCC 24.
[10] Is Increasing Gender and Ethnic Diversity in Arbitral Tribunals a Valid Concern? (6th November,2021),
http://arbitrationblog.kluwerarbitration.com/2020/03/01/is-increasing-gender-and-ethnic-diversity-in-arbitral-tribunals-a-valid-concern/.
[11] Improving diversity in international arbitration, (6th November,2021),
[12] Five Recurring problems in International Arbitration, Institutional Knowledge at Singapore Management University,(9th April,2021), https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=5069&context=sol_research
[13] Challenges to international commercial arbitration, VIA Mediation & Arbitration Center, (10th April,2021), https://viamediationcentre.org/readnews/Mzc1/International-Arbitration-Challenges-in-India.
[14] Challenges to legitimacy of international commercial Arbitration, Kluwer Arbitration Blog,(10th April,2021), http://arbitrationblog.kluwerarbitration.com/2017/09/19/challenges-legitimacy-international-arbitration-report-29th-annual-ita-workshop/.
[15] Award Challenges, Global Arbitration review, (10th April,2021), https://globalarbitrationreview.com/guide/the-guide-challenging-and-enforcing-arbitration-awards/1st-edition/article/awards-challenges.
[16] Id, see note. 11.
[17] (2016) 10 SCC 386.
[18] 38 N. J. Law, 388.
[19] 37 Kan. 235, 15 Pac. 221.
[20] 69 111. 49.
[21] C-284/16.
[22] Prof. Gabrielle KAUFMANN-KOHLER, Accountability in International Investment Arbitration, American Society of International Law, (18th April,2021), https://lk-k.com/wp-content/uploads/2017/07/KAUFMANN-KOHLER-Accountability-in-International-Investment-Arbitration-Brower-Lecture-31-March-2016.pdf.
[23] Ibid.
[24] IRENE M. TEN CATE, INTERNATIONAL ARBITRATION AND THE ENDS OF APPELLATE REVIEW,(18thApril,2021),https://nyujilp.org/wpcontent/uploads/2010/06/Ten_Cate_International_Arbitration_Appeals-for-web.pdf.
[25] ( No. 08-1394 ) 2010.
[26] (Arising out of SLP (Civil) No.9238 of 2010).
[27] Appeal (civil) 6527 of 2001.
[28] Make India Hub of International Arbitration, The Hindu,(18th April,2021), https://www.thehindubusinessline.com/opinion/making-india-a-global-hub-for-arbitration/article34152992.ece.
Author Bio
Very well written