Abstract

This paper examines the various considerations that parties to an arbitration must make when selecting a seat. Due to its conservative arbitration legislation and inability of its judiciary to effectively deal with arbitration disputes, India has long been neglected as a potential seat of arbitration. Parties must select a seat where the arbitral process can be completed expeditiously while respecting confidentiality. A seat must be adaptable enough to let the parties to choose the substantive laws under which the dispute will be resolved at their leisure, as well as have a plethora of facilities such as arbitration institutions and physical infrastructure. India is not yet ready to be an arbitration hotspot, and the legislature and judiciary will need to collaborate closely to broaden the scope of arbitration law to entice parties to hold their arbitrations in the country. The judiciary will have to demonstrate balance in their arbitration decisions while still deciding them quickly.

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