Judicial Intervention In International Commercial Arbitration In India: A Critical Analysis In The Post-Balco Era
- IJLLR Journal
- May 11
- 2 min read
Ayush Shailani, LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
Dr. Vikram Karuna, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
ABSTRACT
International commercial arbitration has come to play a monumental role in international dispute resolution by providing a neutral, effortless and legally binding process of settling commercial disputes out across borders. Within this changing environment, jurisdictions are competing to see who can become the first to be known as an arbitration-friendly destination, through minimal judicial intervention, robust institutional backing and enforcement. The paper is a comparative study of the arbitration systems in India and Singapore, their reasons behind the various degrees of success in the international arbitration system.
The paper dwells on major features like legal frameworks, judicial practice, institutional arbitration, enforcing arbitral awards and general efficiency in conducting arbitration. Though the two jurisdictions have embraced the international standards of arbitration laws, with the first being UNCITRAL Model Law, their practical application indicates a lot of contradiction between the two jurisdictions. The steady non-interventionist judicial practice, the well- established institutional base, and effective enforcement practices have helped Singapore to become one of the most popular arbiters. On the contrary, India, even after its significant legislative remodeling and judicial evolution, still encounters numerous issues like delays in the court process, judicial inconsistency and insufficient institutional capacity.
The results of the research point to the fact that the effectiveness of arbitration regime relies not only in the legislative provisions but also in their efficient and smooth enforcement. The paper summarizes that India is still in its transitional stage and needs to reinforce its institutional structures, guarantee judicial coherence and efficiency in enforcement in order to increase its international competitiveness. The research also adds to the available literature by means of offering a systematic comparative view and practical suggestions on how to make India a viable international arbitration centre.
