Stumbling blocks in arbitration

Longstanding maladies plague this disputes resolution mechanism; law alone cannot make it attractive

The government, corporations and the legal profession have been trying hard over decades to make India attractive as an arbitration centre. But London, Singapore and other foreign hubs continue to be cited in contracts as prime choices. There are several reasons for this, like inadequate infrastructure facilities here, uncertainty in laws, unconscionable delays and ambiguous judicial pronouncements. The New Delhi International Arbitration Centre Bill 2018 was passed by the Lok Sabha a year ago to remedy some of these but is not likely to be in force too soon.

Meanwhile, a glance at the judgments delivered by the Supreme Court and