top of page

Beyond Speed: Equality, Access And The Credibility Of Arbitration In India

6 days ago
1 min read



Shiraz Zafar, NLU Punjab


ABSTRACT


Arbitration is often defended as a faster, more flexible alternative to court litigation. In India, however, the legitimacy of arbitration depends on more than procedural speed: parties must be able to enter the process on reasonably equal terms, obtain a fair hearing, and secure an award that is meaningfully enforceable. This essay argues that the principal challenge for Indian arbitration is not a simple choice between party autonomy and judicial intervention. It is the design of a credible dispute-resolution system in which autonomy is protected from structural inequality, courts supervise without retrying the merits, and costs and institutional capacity do not make the remedy inaccessible. The Arbitration and Conciliation Act, 1996 supplies a modern framework, and recent decisions on unilateral appointments and limited award modification show a judiciary attempting to reconcile fairness with finality. Yet ad hoc practice, asymmetrical appointment clauses, post-award challenges, and uneven access continue to weaken arbitration’s promise. The essay evaluates the statutory scheme and leading decisions, then proposes practical reforms centred on transparent appointments, proportionate procedure, stronger institutions, and disciplined judicial review.


Keywords: Arbitration; India; party autonomy; equal treatment; arbitral award; judicial review; access to justice.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page