CONUNDRUM OF LEX ARBITRI: A REVIEW OF RECENT JUDICIAL TRENDS IN INDIA
Keywords:
Party autonomy, , lex arbitri,, foreign seated arbitration.Abstract
The law governing arbitration is a complex system of national and international laws where in party autonomy plays a pivotal role in determining rights of parties and the propriety of arbitration. But the broad spectrum of party autonomy is considered to be subject to the mandatory rules of the State. Thus lex arbitri or law governing arbitration agreement determines the scope and extent of party autonomy though there a trend of liberalization of arbitration and its disenfranchisement from national law. The Arbitration and Conciliation Act, 1996 was enacted in the lines of the UNCITRAL Model Law and gives due importance to party autonomy. However, the intricacies of lex arbitri in domestic disputes are not clearly dealt under any of the provisions of the Act, and the same lead to conflicting decisions.
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