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Flaws Of Ad-Hoc Arbitration India




Harshita Bajla, King's College London

ABSTRACT

The article aims to examine the flaws of arbitration laws in India, rooted in the failure of the 1996 Arbitration and Conciliation Act and the 2015 Amendment to enact coherent laws. The Act fails to minimize judicial intervention in arbitration process and limit the exorbitant price of arbitrators in ad-hoc arbitrations. The proposed solutions to these are a new piece of legislation and courts having a judiciary oversight in arbitration process which not only regulates the price, quantity and supply of the arbitrators but also allows courts to better understand the gaps in clarity of the law. Thus, enabling better laws, on par with commercial, needs of the party to be legislated.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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.

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