Once again I have had the privilege of teaching the excellent students at New York Law School in International Commercial Dispute Resolution, and once again it has resulted in some superb pieces of written research. Here is the work of Somya Kaushik, who will be graduating in a few weeks and, clearly, has a promising future in front of her.
Arbitration in India: The Internal Challenges, India as an International Arbitration Destination, and the Risk Analysis for Foreign Investors
In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions. In Part II I will analyze and comment on the challenges that arbitration in India faces, as well as create. This section will illustrate some of the key issues in Indian arbitration, such as time efficiency, costliness, advantages and disadvantages of ad hoc arbitration in India, difficulties in award enforcements, and issues with public policy as a ground for appeal. Part III will move on to discuss India as an international arbitration destination, considering the strengths and weaknesses that come with Indian arbitration. Lastly, Part IV will provide a risk analysis guide for foreign investors seeking to invest in India’s market. This section will bring awareness to certain issues that may be easily overlooked regarding the judicial process in India and it will also consider the advantages of arbitration in India for foreign investors. Read more »