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Abstract

The law of Arbitration in India is a decisive point which sets out a framework of provisions for arbitration and the making, challenging and enforcement of awards, at the same time as allowing the wishes of contracting parties to shape internal procedure to suit them. The Courts are expected to play a minimal role, only stepping in when the parties fail to act, or where specifically required by law. This was an attempt to draw in international trade and investment by facilitating alternate dispute resolution & bypassing judicial systems. Theoretically, the system is workable, but it has become cumbersome and complex. In doing so, the author considers a restrictive version of the current system whilst analyzing. Wherever contextually required. In conclusion, the author proposes changes to the law and advocates a shift to a restrictive version of the current system more flexible system.

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