Arbitration-India FAQs
- What law governs arbitration in India?
Arbitration in India is governed by the Arbitration and Conciliation Act 1996, as amended in 2015, 2019, and 2021. The Act covers domestic and international commercial arbitration seated in India, and the recognition and enforcement of foreign awards from New York Convention countries. For international arbitrations seated outside India involving Indian parties, Part II of the Act governs enforcement in India.
- What are the main arbitration institutions used for India-UAE disputes?
Common choices for India-UAE commercial disputes include: SIAC (Singapore) — a popular neutral seat with strong enforcement credibility; DIAC (Dubai) and arbitrateAD (Abu Dhabi) UAE-seated institutions offering enforcement convenience in the UAE; ICC for complex, high-value disputes; and MCIA (Mumbai) or ad hoc India-seated arbitration where both parties prefer Indian jurisdiction.
- How should an arbitration clause be drafted for an India-UAE contract?
An arbitration clause for an India-UAE contract should specify: the chosen institution and its rules; the seat (which determines the supervisory court and procedural law); the governing law of the contract; the number of arbitrators; and the language of arbitration. A clause that leaves any of these questions ambiguous can result in satellite litigation about the clause before the substantive dispute is even addressed.
- Is a foreign arbitral award enforceable in India?
Yes. India is a signatory to the New York Convention, making arbitral awards from Convention countries enforceable in Indian courts. Enforcement requires an application to the jurisdictionally competent High Court. The grounds for refusing enforcement are narrow public policy, incapacity, invalid agreement, lack of notice, excess of jurisdiction, and non-arbitrability. Indian courts have generally adopted a pro-enforcement approach, with public policy grounds interpreted narrowly following recent Supreme Court decisions.
- What is emergency arbitration and when should it be used?
Emergency arbitration provides interim relief — an injunction, asset freeze, or status quo order — before the main arbitral tribunal is constituted. It is available under ICC, SIAC, DIAC, and arbitrateAD rules. It is appropriate where urgent protection cannot wait for tribunal constitution and where court interim relief is unavailable or insufficiently responsive.