International Commercial Arbitration and its relevance within the Indian Context

  • Nitu Kumari
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  • Nitu Kumari

    LL.M. student at Vivekananda Institute of Professional Studies, Delhi, India

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Abstract

International Commercial Arbitration (ICA) is a method of resolving disputes arising out of international commercial transactions and agreements, outside the court system. It is governed by various international treaties and conventions, the most notable being the New York Convention of 1958, which ensures the recognition and enforcement of foreign arbitral awards by the contracting states. ICA offers a neutral, flexible, and efficient dispute resolution mechanism, which is particularly attractive for parties from different jurisdictions, as it avoids the complexities of navigating different legal systems. Within the Indian context, ICA holds significant relevance due to India's growing integration with the global economy. The Indian Arbitration and Conciliation Act of 1996, which was amended in 2015 and further in 2019, is the primary legislation governing arbitration in India. These amendments were aimed at making arbitration a more efficient and party-friendly process, aligning with international standards.

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Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 01 - 13

DOI: https://doij.org/10.10000/IJLMH.116996

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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