This article discusses controversial decisions of the Indian Supreme Court applying Part I of the Arbitration and Conciliation Act 1996 to foreign arbitral awards. The author argues that the resulting judicial encroachment damages India both as an investment destination and as an international commercial arbitration centre and urges legislation to limit Part I to domestic arbitrations and to apply it to foreign arbitrations only to the extent envisaged by the UNCITRAL Model Law.
Asian Dispute Review