Looking Through the Transnational Theory of Arbitration: Imagining Future Possibilities for Indian Law
Article from: TDM 2 (2018), in India
Is India poised to be the next international arbitration hub? This paper suggests that it could, but needs some course correction. The authors present a hypothesis that the seat theory of arbitration is undergoing a dialectical evolution. In this process, it is using the transnational theory (as its negation) to evolve into a more capable concept to tackle the challenges of modern international arbitration. India needs to create appropriate jurisprudential ecosystem to allow it to participate and contribute in this next phase of international arbitration's evolution, rather than play ...