Looking Through the Transnational Theory of Arbitration: Imagining Future Possibilities for Indian Law

Co-Author: Abhishek Dwivedi

ABSTRACT: Is India poised to be the next international arbitration hub? This paper suggests that it could,
but needs some course correction. The authors present a hypothesis that the seat theory of arbitration is undergoing a dialectical evolution. In this process, it is using the transnational theory (as its negation) to evolve into a more capable concept to tackle the challenges of modern international arbitration. India needs to create appropriate jurisprudential ecosystem to allow it to participate and contribute in this next phase of international arbitration’s evolution, rather than play catch-up, as it did in the past. Recent debates on false premises such as two Indian parties’ liberty to choose foreign seat and inventing a flawed concept of seat in domestic arbitration point to certain concealed conceptual landmines that must be deactivated at the earliest.

Pdf is available here

Online publication can be found here.

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