LIJDLR

Arbitration and Conciliation Act

INSTITUTIONALIZING ARBITRATION IN INDIA: FROM AD HOC TO INSTITUTIONAL GOVERNANCE

Volume IV Issue III /

INSTITUTIONALIZING ARBITRATION IN INDIA: FROM AD HOC TO INSTITUTIONAL GOVERNANCE Afreen Afshar Alam, Ph.D. Scholar, Indian Law Institute (Deemed University), New Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.284 Over the past few decades, arbitration in India has largely operated in an ad hoc form. While this model is meant to preserve party autonomy, its application has often led to uneven procedures, increasing costs, and repeated court intervention. The Arbitration and Conciliation Act, 1996 sought to bring Indian law in line with the UNCITRAL Model Law and to limit judicial oversight. Even so, the shift in legislation did not address deeper structural concerns, and challenges to arbitral awards have continued to arise with regularity. Proceedings were delayed. Commercial parties continued to view enforcement as uncertain. This paper examines India’s move toward institutional arbitration as more than a technical amendment. It treats the shift as an effort to reorganize how arbitration is administered. The discussion traces this development through the Law Commission’s 246th Report, the Amendments of 2015, 2019, and the 2021 amendments. It also engages with key Supreme Court decisions on public policy and arbitral autonomy. In addition, the paper draws on an interview conducted by the author with Mr. Navjeet Bhudhiraja, former Additional Coordinator and Deputy Registrar of the Delhi International Arbitration Centre, to illustrate how institutional procedures operate in practice. The paper argues that recent reforms have introduced clearer timelines, more structured fee arrangements, and stronger safeguards around arbitrator independence. At the same time, statutory change alone cannot reshape professional habits. The turn toward institutions has modified the framework within which arbitration operates in India. Whether it reshapes arbitral culture in a lasting way will depend on consistent judicial approach, institutional competence, and the willingness of practitioners to adapt their methods to a more disciplined system.

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DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION

Volume IV Issue I /

DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION Vaibhav Pandey, Student, 6th Semester pursuing BBA LL.B (Hons) at Amity Law School, Amity University Uttar Pradesh, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.86 In India, the digitisation of arbitration shows a major shift towards modernising how disputes are resolved through arbitration, creating new and important questions regarding how these digital processes comply with the Constitution of India and whether they are fair. The Arbitration and Conciliation Act of 1996 has traditionally governed arbitration, but many courts now use technology to implement virtual hearings, e-filing, and Online Dispute Resolution (ODR) to administer their dispute resolution processes more quickly and efficiently, particularly as a result of the COVID-19 pandemic. The paper compares digital arbitration against both the current statutory and legal frameworks and technology trends to better understand how digital arbitration fits within the overall context of the Constitution, and how digital arbitration is governed by the rights and protections in Articles 14, 19, and 21. This study seeks to evaluate if digital arbitration respects the principles of equality, due process, and natural justice; in addition to examining the continued concerns of the digital divide, privacy of data, and enforcement against ODR mechanisms. Key research questions shape the inquiry regarding the fairness of virtual hearings, the accessibility of technology-based dispute resolution systems, and whether technology-based dispute resolution systems comply with the constitution. The study employs a doctrinal and comparative research methodology, analysing statutory law, judicial precedents, policy reports, and studies from other countries. The findings of the study suggest that while digital arbitration improves efficiencies, cost-effectiveness, and access to justice, it also creates new structural and constitutional threats. The conclusion of the paper advocated for a rights-based approach to the development of regulations which incorporate procedural protections, cybersecurity standards, and inclusiveness in order to promote that technological innovation remains consistent with the spirit of the Constitution.

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