Published Paper Details:

The integration of the UNCITRAL Model Law on International Commercial Arbitration has significantly reshaped India's arbitration framework, aligning it with global standards and enhancing its effectiveness as a dispute resolution mechanism. Prior to the enactment of the Arbitration and Conciliation Act, 1996, India's arbitration landscape was governed by colonial-era statutes that often led to judicial overreach and inefficiencies. The 1996 Act, incorporating the UNCITRAL Model Law, marked a pivotal shift towards a more streamlined and internationally recognized arbitration system. This alignment has not only improved procedural efficiency but has also bolstered India's position as a favourable venue for international commercial arbitration However, the Arbitration and Conciliation (Amendment) Act of 2021 introduced provisions that have raised concerns. Notably, it allows courts to grant an unconditional stay on the enforcement of arbitral awards if fraud or corruption is suspected. This change has been criticized for potentially creating new hurdles in enforcing awards and for reintroducing judicial intervention, which could undermine the effectiveness of arbitration as a dispute resolution mechanism. This paper analyses these developments, aiming to understand their impact on India's arbitration framework and to assess the alignment of domestic practices with international arbitration trends.