Interaction Between Arbitration And Private International Law In India: Doctrinal, Analytical And Jurisprudential Study
- IJLLR Journal
- Apr 11
- 2 min read
Vidya Shankar R, LL.B. (Hons), Vinayaka Mission’s Law School, Chennai.
ABSTRACT
The present framework of international dispute resolution is deeply rooted in the principles of private international law. International commercial arbitration, in particular, does not function in isolation; rather, it operates within a legal structure governed by conflict of laws rules, jurisdictional principles, standards for recognition and enforcement, and limitations imposed by public policy. In the Indian context, the Arbitration and Conciliation Act, 1996, when interpreted alongside the New York Convention and progressive judicial decisions, demonstrates a conscious effort to strike a balance between arbitral independence and the supervisory role of domestic courts.
This paper explores the interrelationship between arbitration and private international law in India through seven key doctrinal aspects. These include jurisdiction and the concept of the seat of arbitration, the principle of party autonomy, determination of the applicable law, enforcement of foreign arbitral awards, the scope of public policy, judicial intervention including the doctrine of competence-competence. By analysing these dimensions, the study highlights how arbitration is not a detached mechanism but is inherently embedded within the broader framework of private international law.
The paper further engages with critical perspectives such as concerns over state sovereignty, the theory of delocalization, and allegations of excessive judicial interference. It argues that, despite these challenges, the Indian legal system has evolved towards maintaining a nuanced equilibrium. Courts have increasingly adopted a pro-arbitration stance while still ensuring that constitutional values and public policy considerations are not compromised.
Ultimately, the study concludes that arbitration in India reflects a carefully structured balance between party autonomy and judicial oversight, reinforcing its position as a reliable and globally aligned dispute resolution mechanism.
Keywords: Arbitration; Private International Law; Conflict of Laws; Seat Theory; Public Policy; Enforcement of Foreign Awards; Judicial Intervention; Party Autonomy.
