Summary

The Arbitration and Conciliation Act (1996) governs domestic and international arbitrations in India. Moreover, certain federal acts and acts enacted by different Indian states have mandatory statutory arbitration provisions. The 1996 Act is based on the UNCITRAL Model Law. Although it does not include a definition of domestic arbitration, it states that any award made when the place of arbitration is in India will be considered a domestic award. There are no notable differences between domestic and international arbitration. Arbitration agreements must be in writing. Most commercial disputes can be submitted to arbitration, but there are certain exceptions, such as the nonpayment of admitted debt or income tax, and industrial disputes. Parties are free to select arbitrators of any gender, nationality, or professional qualifications in both domestic and international arbitrations. However, only licensed practitioners may represent parties as advocates in arbitration proceedings. There are several arbitral institutions in India, including the Indian Council of Arbitration in New Delhi. Institutional arbitrations are slowly gaining momentum, although parties still tend to prefer ad hoc proceedings. Indian courts are able to assist arbitration proceedings with interim relief. Decisions enforcing or denying enforcement of arbitration awards may be appealed to the Mumbai High Court and the Supreme Court of India. On average, it takes around 33 weeks to enforce an arbitration award rendered in India, from filing an application to a writ of execution attaching assets (assuming there is no appeal), and 43 weeks for a foreign award.