Chetna Guhe, BA.LLB, LLM (Pursing), Christ (Deemed to be) University, Bangalore
ABSTRACT
Globalization and Industrialization is on the rise in the current times. This has led to every form of cross border interactions which many a times leads to disputes of different nature between countries. These disputes are resolved through various legislative methods which comprise of either Judicial Methods or Alternative Dispute Mechanisms (Also referred to as “ADR Methods”). The most common form of ADR Method is ‘Arbitration’, as it functions according to the free will of the parties. Arbitration is either National or International. This paper specifically focuses on International Commercial Arbitration while dealing with the ‘Applicability of UNCITRAL Model in Indian Legislation’.
The United Nations Commission on International Trade Law (UNCITRAL) Model Law is an International Framework that provides for a set of rules and regulations upon the conduct of International Commercial Arbitration. These set of rules are implied by countries through the enactment of their national laws in a manner that the arising disputes are resolved between the countries in an amicable manner. Such set of provisions are important as they allow the International Courts to overcome with the burden of high number of pending cases. Therefore, the importance of UNCITRAL Model Law shall be unleashed in this paper by allowing the reader to get an insight on the origin, composition, objective, and the principles of UNCITRAL with respect to International Commercial Arbitration. Further, an in depth study of the applicability of UNCITRAL Model Law in the Indian Regime is also addressed that provides for mechanisms which are in a manner that they lead a state towards desiring uniformity, harmonization of the common law and concepts in relation to arbitration legislation.
