India And The New York Convention: A Long Way Travelled, A Longer Way To Go
- IJLLR Journal
- 1 day ago
- 1 min read
Esha Potdar, National University of Singapore
ABSTRACT
India, a signatory to the New York Convention (NYC) since 1960, governs international arbitration under the Arbitration and Conciliation Act, 1996. Judicial interpretations have shaped its application—Bhatia International initially extended Part I to foreign arbitrations, but BALCO adopted a seat-centric approach, restricting enforcement to Part II. Courts have also clarified the scope of “commercial” disputes and narrowed “public policy” as a ground for refusing enforcement, aligning Indian law with global standards. Recent reforms, including the Permanent Court of Arbitration’s office in Delhi and pro-arbitration rulings like Cox & Kings, mark India’s shift toward minimal judicial intervention and reinforce its position as an emerging arbitration hub in the global south. This article will focus solely on the arbitration aspect in India under The Act.
