India’s Arbitration Renaissance In The Wake Of The Arbitration And Conciliation Bill, 2024
- IJLLR Journal
- Jun 21
- 1 min read
Smritee Sah, LL.B., DSNLU, Visakhapatnam
ABSTRACT
In a nation where justice once sat under banyan trees, it now stands at the helm of international reform.
“The way in which the proceedings under the [1940] Act are conducted and, without exception, challenged in courts, has made lawyers laugh and legal philosophers weep.” This striking 1981 critique of India’s arbitration regime wasn’t just a dramatic comment it was a wake-up call. It reflected a broken system that, until the mid-90s, made dispute resolution more frustrating than fair. But India didn’t stop there. Over the decades, a quiet but determined reform process has transformed arbitration law moving from colonial-era confusion to the robust, UNCITRAL-inspired Arbitration and Conciliation Act, 1996.
This research paper follows that compelling journey right from the days of panchayat justice and East India Company regulations to modern, high-value commercial disputes. It doesn’t just narrate history; it highlights the purpose behind each legal change and why those changes mattered.
At its core, the paper critically analyses the Arbitration and Conciliation (Amendment) Bill, 2024, a legislative leap poised to bring about a full- fledged arbitration renaissance in India. It simplifies complex reforms like the recognition of digital arbitration, appointment of emergency arbitrators, curtailment of judicial intervention, and the birth of a centralized Arbitration Council of India. By linking these with global best practices, it demonstrates how India is trying to balance speed, fairness, and enforceability in commercial justice.
More than anything, this paper is a story of how India’s arbitration law grew from being laughed at to being looked up to.
