INTERACTION BETWEEN ARBITRATION AND PRIVATE INTERNATIONAL LAW IN INDIA
AUTHORS – BHARATHI A & PRIYANKA J
LLB (HONS) III YEAR, STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI
BEST CITATION – BHARATHI A & PRIYANKA J, INTERACTION BETWEEN ARBITRATION AND PRIVATE INTERNATIONAL LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 101-113, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The rapid growth of globalization, liberalized trade regimes, and technological development has significantly increased cross-border commercial transactions. As businesses increasingly engage with foreign entities, disputes arising from international contracts have become more common. In response, international arbitration has emerged as a preferred method of dispute resolution due to its neutrality, flexibility, confidentiality, and relative ease of enforcement across jurisdictions. At the same time, private international law (PIL), or conflict of laws, plays a crucial role in determining jurisdiction, applicable law, and the recognition and enforcement of foreign arbitral awards.[1] In the Indian context, the interaction between arbitration law and PIL has become particularly significant, as courts are often required to support or supervise arbitral proceedings.
However, arbitration and private international law are built on different foundations. Arbitration emphasizes party autonomy, allowing contracting parties to choose the seat, governing law, and procedural framework of their dispute resolution process. In contrast, PIL is inherently state-centred, focusing on judicial authority, mandatory legal norms, and jurisdictional principles. This difference creates a conceptual tension, especially when courts must decide issues such as the validity of arbitration agreements, interim measures, or enforcement of awards.
This study examines how Indian courts address jurisdictional questions, determine the governing law of arbitration agreements, and enforce foreign awards under the Arbitration and Conciliation Act, 1996. It further analyses whether judicial developments have strengthened party autonomy or introduced inconsistencies. The paper argues that although Indian jurisprudence has progressively adopted a pro-arbitration approach aligned with global standards, doctrinal ambiguities remain. The reconciliation between arbitration’s autonomy-driven framework and the state-centric nature of private international law continues to evolve, reflecting both progress and unresolved challenges.[2]
Keywords: International Arbitration, Private International Law, Party Autonomy, Jurisdiction, Governing Law, Enforcement of Foreign Awards, Cross-Border Disputes, Arbitration and Conciliation Act 1996, Judicial Intervention, Conflict of Laws.
[1] Private International Law, Peace Palace Library Research Guide (last visited Feb.15, 2026), https://peacepalacelibrary.nl/research-guide/private-international-law
[2] India’s Evolving Role in International Commercial Arbitration: Towards a Global Dispute Resolution Hub, International Arbitration Laws and Regulations (ICLG), Sept. 30, 2025, https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/05-india-s-evolving-role-in-international-commercial-arbitration-towards-a-global-dispute-resolution-hub