Arbitration Law – Ten Interesting Aspects (Part II)

In continuation of Part I of the white paper series on Arbitration Law: Interesting Aspects, this white paper shall delve into the recent developments and interesting observations made by various Courts of India regarding the existence of Arbitration Agreements and conduct of Arbitral proceedings under the Arbitration and Conciliation Act, 1996 (“the Act”). Recently, Indian Courts have passed a plethora of judgments with a view to prioritize party autonomy in Arbitral proceedings in India, and to emphasize on the legislative intent of the Act to have minimum intervention of the judiciary in Arbitral proceedings and the conduct of the Arbitrators and parties to the Arbitration. The last few years have been pivotal in shaping Arbitration law in India pro-Arbitration approach in India, and the decisions laid down by the Courts in the year of 2022 testament to the same. This white paper elaborates upon multiple judgments passed in the year 2022 by various High Courts in India, and the Supreme Court of India.