Published Paper Details:

The rapid digitalization of commercial transactions has revolutionized contract formation and dispute resolution, giving rise to new forms of electronic contracts e.g. click-wrap, browse-wrap, e-signature agreements, and smart contracts operating on blockchain platforms. As technology increasingly becomes central to contractual relationships, arbitration traditionally valued for its flexibility and efficiency must adapt to this evolving digital landscape. In the Indian context, while the Arbitration and Conciliation Act, 1996 and the Information Technology Act, 2000 provide a basic framework for recognizing electronic contracts and digital signatures, several gaps and ambiguities persist. Challenges range from enforceability of arbitration clauses in standard-form digital contracts to procedural uncertainties in virtual hearings, e-signature validity, and jurisdictional complexities in cross-border e-contracts. This article critically examines the intersection of e-contracting and arbitration under Indian law, supported by judicial precedents such as Trimex International v. Vedanta, Shakti Bhog Foods v. Kola Shipping, and Texco Marketing v. TATA AIG. It identifies key legal ambiguities--including inconsistent treatment of digital vs. electronic signatures, lack of clarity on consent in adhesion contracts, and enforceability issues with smart contracts. Further, it evaluates the Draft Arbitration and Conciliation (Amendment) Bill, 2024, which attempts to modernize the arbitration framework by recognizing virtual hearings and digital arbitration agreements. Drawing on comparative international practices and model laws like UNCITRAL, the paper advocates for a unified, technology-neutral arbitration framework. It calls for legislative and procedural reforms that define the scope of e-signatures, regulate digital arbitration platforms, ensure procedural fairness, and promote cross-border enforceability. A future-ready arbitration regime is vital not only for enhancing commercial confidence but also for ensuring equitable access to justice in the digital age.