"International Commercial Arbitration in India: Recent Developments and Challenges" within the context of Architecture, Engineering, and Construction (AEC)

Abstract

International commercial arbitration in India has undergone significant transformations in recent years, positioning the nation as a preferred destination for resolving disputes in the Architecture, Engineering, and Construction (AEC) sector. This paper delves into these developments, assessing their impact on the arbitral framework while identifying persistent challenges. Central to the analysis are legislative reforms, notably the Arbitration and Conciliation Act amendments of 2015 and 2021, which have shaped facets such as party autonomy, arbitrator selection, and award enforcement. The study integrates insights from recent judicial decisions that have influenced the interpretation and application of these reforms.Additionally, the paper explores the emerging role of institutional arbitration bodies, examining their evolving practices and contributions to enhancing efficiency and transparency in AEC disputes. Despite these advancements, critical challenges endure. Issues like judicial intervention risks, constraints on party autonomy, and concerns over infrastructure and expertise are rigorously evaluated.