International Commercial Arbitration: A Comparative Study Of Select Jurisdiction Asia-Pacific Region
- NLR Journal
- Apr 10
- 1 min read
By Dhruv Ranga, National Law School Of India University, Bangalore.
Abstract
“Indian law supports arbitration but Indian sentiment does not support arbitration”
- Fali S Nariman [1]
International commercial arbitration is pivotal in global dispute resolution, offering parties a neutral forum that ensures fairness and impartiality.[2] One of the central instruments guiding the practice of international arbitration is the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration.[3] The Model Law, introduced in 1985 and amended in 2006, provides a framework for harmonizing arbitration laws across jurisdictions.[4] The UNCITRAL Model Law was designed to provide a unified and standardized framework for arbitration practices globally.[5] However, as different jurisdictions have adapted the Model Law to their local legal systems, there have been significant deviations in the way "international commercial arbitration" is defined and applied.[6] These variations, while allowing countries to maintain their unique legal traditions, also present challenges to harmonizing international arbitration practices.[7]
[1] Fali S Nariman, India and International Arbitration (2nd ed, Oxford University Press 2020) 45.
[2] Gary B Born, International Commercial Arbitration (3rd ed, Kluwer Law International 2021).
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Ibid.
[7] Ibid.
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