Twenty Years of the Arbitration Act 1996 in India: Bhatia International revisited
Article from: TDM 2 (2018), in India
Abstract
[Added 28/03/2018] The seminal decision of Bhatia International v. Bulk Trading SA, AIR 2002 SC 1432 has cast a long shadow over the state of arbitration in India and as a result of the fallout from that decision, commentators have long bemoaned the failures of the Arbitration and Conciliation Act 1996 (the 1996 Act) and the purportedly interventionist judiciary implementing it. Twenty years since the enactment of the 1996 Act this article aims to re-evaluate the legacy of arbitration in India. In particular, it examines whether the state of arbitration is ...