ARBITRATION LAWS IN INDIA, UK AND USA: A COMPARITIVE STUDY
AUTHOR – UDIT CHAUDHARY* & NIKUNJ YADAV**
* STUDENT, XTH SEMESTER, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA, EMAIL:UDITCHAUDHARY9897@GMAIL.COM
** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA, EMAIL: NIKUNJYADAV83@GMAIL.COM
BEST CITATION – UDIT CHAUDHARY & NIKUNJ YADAV, ARBITRATION LAWS IN INDIA, UK AND USA: A COMPARITIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 85-93, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Arbitration evolved in response to the requirement of disposing of disputes with a speedy and specialist approach, in lieu of litigation. Significance of the mechanism, as an alternative way to resolve commercial conflicts, has increased tremendously over the last decades, especially within the international context. But the efficacy of any arbitration process runs to the core of the national law of arbitration (substantive law) that prescribes the scope of powers exercisable by the arbitrator and finally decides on the enforcement of the award. While there are international norms which have urged some uniformity, in the domestic laws on arbitration, most world nations have enacted laws in the form appropriate to their national needs. Therefore, the fate of international arbitrators remains subject to the sound selection of national laws by parties. It is at this stage that it will not be a wrong exercise to carry out comparative analysis on arbitration laws as existing in India, USA and UK. Arbitration is a central dispute resolution mechanism outside the conventional judiciary, providing parties with a quicker and more discreet option.
Arbitration is a technique for conflict resolution not involving the court. This research targets the examination and comparison of India’s arbitration law, that of the UK, the US, and the UNCITRAL Model Law. The study will explore the evolution of arbitration legislation in India with specific reference to the Arbitration and Conciliation Act, 1996.The comparative study will address issues such as the enforcement of Unilateral Arbitration contracts, legislation on arbitration such as amendments, arbitrability of disputes non-arbitrable issues and significant legal decisions impacting the law. Additionally, it will evaluate the efficiency of the Model Law that gives guidance to nations that are establishing their own arbitration laws. This research will seek to provide an insight into arbitration laws in these countries.In addition, the study investigates how international arbitrations are governed by looking at how local laws correlate with agreements and best practices. It also investigates issues concerning arbitrability in areas and recent trends, in those regions. Through the analysis of these factors, the study seeks to unveil commonalities, differences and emerging patterns, in arbitration rules, among countries. The overarching goal of this study is to provide an insight into the arbitration laws, in these regions evaluate the pros and cons of each country’s system and share perspectives for policymakers, businesspeople, specialists and those who deal in trade and conflict resolution. The study aims to serve as a guide for all those who are involved in resolving conflicts using arbitration providing a template, for designing arbitration frameworks in different regions.Keywords: Arbitration, Disputes ,Jurisdiction,Awards, Separability, Judicial Intervention.