Abstract
Arbitration law governs the resolution of disputes outside traditional courts through a private process agreed upon by parties. It emphasizes party autonomy, with contracts playing a crucial role in establishing arbitration agreements and procedures. The legal framework, primarily under the Arbitration and Conciliation Act of 1996 in India, promotes limited judicial intervention, efficient proceedings, and enforcement of arbitral awards. Recent amendments, such as the 2015 Arbitration and Conciliation (Amendment) Act, aim to expedite arbitration and strengthen its governance, reflecting its growing importance in domestic and international dispute resolution.
Arbitration law is a specialized legal framework that governs the private resolution of disputes through arbitrators rather than courts. At its core, arbitration is a consensual process—parties must agree, typically via contract, to submit their disputes to arbitration instead of litigation. This agreement forms the legal basis for arbitration and allows parties significant autonomy to determine the rules, procedures, and even the substantive law that will govern their dispute.The arbitration process typically involves initial pleadings, appointment of arbitrators, hearings, and the issuance of a final award, which is enforceable in many jurisdictions worldwide. While arbitration shares some procedural safeguards with court litigation—such as impartiality and fairness—it departs in areas like publicity, judicial oversight, and the intensity of finality.Modern arbitration law continues to evolve, addressing challenges related to local policy, confidentiality, ethics, technology, and diversity, ensuring its relevance in both domestic and international dispute resolution.