Digital Paradox In Arbitration: Enforcement Of Foreign Electronic Arbitral Awards In India

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Abiramidevi. N, LL.M. (Corporate Governance Laws and Finance), Government Law College, Dharmapuri, affiliated to Tamil Nadu Dr. Ambedkar Law University, Chennai.

ABSTRACT

This paper examines the complex interplay between the Information Technology Act, 2000 and Section 65B of the Indian Evidence Act concerning the enforcement of foreign electronic arbitral awards in India. While the IT Act aims to facilitate the recognition of electronic records to promote ease of doing business, Section 65B imposes stringent certification requirements that often hinder the swift enforcement of such awards. Through a detailed legislative analysis, judicial case law review, and exploration of procedural challenges, the paper highlights the paradox where evidentiary rigor conflicts with the legislative intent of digital equivalence. Comparative insights from international arbitration practices and technological considerations further underscore the gap between India’s current framework and global standards. The study concludes with policy recommendations advocating for legislative reforms, judicial capacity building, and adoption of streamlined procedures to balance evidentiary integrity with enforcement efficiency, thereby enhancing India’s position as an arbitration-friendly jurisdiction.

Keywords: Cross-Border Enforcement, Electronic Evidence, Digital Authentication, Procedural Validity, Online Arbitration Framework.

780. DIGITAL PARADOX IN ARBITRATION- ENFORCEMENT OF FOREIGN ELECTRONIC ARBITRAL AWARDS IN

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