International / Alternative Dispute Resolution

Arbitration

Definition

Arbitration is a private dispute resolution process in which parties agree to submit their disputes to one or more neutral arbitrators whose decision (award) is binding and enforceable. It is widely used for commercial, investment, and employment disputes, and is preferred for cross-border matters due to the New York Convention's enforcement framework.

Key elements

1Arbitration agreement (before or after the dispute — clause or submission agreement)
2Seat of arbitration (determines procedural law)
3Governing law of the contract (substantive law)
4Appointment of arbitrator(s)
5Arbitral proceedings (pleadings, evidence, hearing)
6Award — binding and enforceable

How this applies across jurisdictions

India

Arbitration & Conciliation Act 1996 (amended in 2015, 2019, 2021) governs domestic and international arbitration. DIAC, MCIA, Mumbai Centre for International Arbitration (MCIA). 2015 amendment introduced time limits (12 months + 6 months extension), fee schedules, and fast-track arbitration. 2019 amendment created Arbitration Council of India.

UK

Arbitration Act 1996 (comprehensive). London Court of International Arbitration (LCIA). London is a leading global arbitration seat. LCIA Rules 2020. English courts rarely set aside awards (limited grounds under Sections 67-69 AA 1996).

Singapore

International Arbitration Act 1994 (Cap. 143A), SIAC Rules 2016. Singapore is Asia's leading arbitration hub. Singapore courts are strongly pro-arbitration.

UAE

Federal Arbitration Law (Law No. 6/2018). DIAC (Dubai International Arbitration Centre), DIFC-LCIA Arbitration Centre (now merged into DIAC), Abu Dhabi ICC. UAE is a New York Convention signatory.

Frequently asked questions

What is the New York Convention?

The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) obliges 172 signatory states to recognise and enforce foreign arbitral awards. It is the backbone of international commercial arbitration.

What are the main arbitration institutions globally?

ICC (Paris), LCIA (London), SIAC (Singapore), HKIAC (Hong Kong), AAA/ICDR (USA), DIAC (Dubai), MCIA (Mumbai), SCC (Stockholm), ICSID (Washington, for investor-state disputes).

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