Historical Evolution and Modern Landscape of Arbitration: An Indian and International Perspective

Abstract

The law of arbitration in India has undergone significant transformation, evolving from a rigid, court-centric dispute resolution mechanism to a more liberalized and party-autonomous process in tune with international standards. Rooted in the Arbitration Act of 1940[1], the legal framework has been substantially overhauled by the enactment of the Arbitration and Conciliation Act, 1996[2], modelled on the UNCITRAL Model Law. Subsequent amendments in 2015, 2019, and 2021 have sought to address procedural inefficiencies, institutionalize arbitration, and promote India as a hub for international commercial arbitration. However, despite progressive reforms, the Indian arbitration regime continues to grapple with several challenges judicial interference, delays in enforcement, lack of institutional infrastructure, and inconsistency in arbitral jurisprudence.