Law4u - Made in India

What is the distinction between domestic and international arbitration in Indian law?

16-May-2024
Arbitration

Answer By law4u team

In Indian law, domestic arbitration and international arbitration are distinguished primarily based on the nature of the dispute and the parties involved. Here's an overview of the distinction between domestic and international arbitration in Indian law: Domestic Arbitration: Parties: Domestic arbitration involves disputes between parties that are both located or have their place of business in India. The parties to a domestic arbitration agreement are typically Indian entities or individuals, and the dispute arises out of a domestic transaction or contract. Applicable Law: Domestic arbitration proceedings are governed primarily by the provisions of the Arbitration and Conciliation Act, 1996. The Act provides the legal framework for conducting arbitration proceedings, including the appointment of arbitrators, conduct of hearings, enforcement of arbitral awards, and other procedural matters. Courts' Jurisdiction: Domestic arbitration falls under the jurisdiction of Indian courts. Any applications, challenges, or enforcement proceedings related to domestic arbitration are adjudicated by the appropriate courts in India. International Arbitration: Parties: International arbitration involves disputes where at least one of the parties is located outside India or where the subject matter of the dispute has an international dimension. The parties to an international arbitration agreement may include foreign entities, individuals, or governments, and the dispute may arise from international contracts, cross-border transactions, or investment treaties. Applicable Law: International arbitration proceedings in India are governed primarily by the provisions of the Arbitration and Conciliation Act, 1996, as well as international conventions and treaties to which India is a party, such as the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. Courts' Jurisdiction: International arbitration proceedings may involve jurisdictional issues and the application of principles of international law. Indian courts may have jurisdiction over certain aspects of international arbitration, such as the appointment of arbitrators, interim measures, and enforcement of awards, but parties may also choose to resolve disputes through arbitration institutions or under the rules of international arbitration organizations. In summary, the distinction between domestic and international arbitration in Indian law primarily revolves around the location of the parties, the nature of the dispute, and the applicable legal framework. While domestic arbitration involves disputes within India between Indian parties, international arbitration involves disputes with an international dimension, including parties or transactions outside India, and may entail the application of international arbitration principles and conventions.

Arbitration Verified Advocates

Get expert legal advice instantly.

Advocate Gupteshwar Kumar

Advocate Gupteshwar Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Sharwan Kumar

Advocate Sharwan Kumar

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Labour & Service, Motor Accident, Recovery

Get Advice
Advocate Sabir Khan

Advocate Sabir Khan

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Arpan Kumar

Advocate Arpan Kumar

Cheque Bounce, Anticipatory Bail, Arbitration, Breach of Contract, Banking & Finance, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, NCLT, Property, Motor Accident, R.T.I, Labour & Service, Insurance, Supreme Court, Trademark & Copyright, Tax, Bankruptcy & Insolvency, Family, Landlord & Tenant, Medical Negligence, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Pandurang Autade

Advocate Pandurang Autade

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Property, Recovery, Breach of Contract, Consumer Court

Get Advice
Advocate Dr. Ravi Ramavath

Advocate Dr. Ravi Ramavath

Anticipatory Bail, Arbitration, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Cyber Crime

Get Advice
Advocate Rahul Kumar

Advocate Rahul Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate

Get Advice
Advocate Mada Sujan

Advocate Mada Sujan

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Family,Succession Certificate

Get Advice
Advocate Satyabrata Samal

Advocate Satyabrata Samal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, R.T.I, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Divorce, Family, Property, Recovery

Get Advice
Advocate Aditya Kumar Agnihotri

Advocate Aditya Kumar Agnihotri

Anticipatory Bail,Cheque Bounce,Civil,Criminal,Divorce,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Child Custody,Corporate,Cyber Crime,Consumer Court,Customs & Central Excise,Documentation,Court Marriage,GST,High Court,Family,Domestic Violence,Immigration,International Law,Landlord & Tenant,Insurance,Labour & Service,Media and Entertainment,Motor Accident,Medical Negligence,Muslim Law,Property,R.T.I,Recovery,RERA,Startup,Patent,NCLT,Supreme Court,Tax,Wills Trusts,Trademark & Copyright,Succession Certificate,

Get Advice

Arbitration Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.