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INDIAN JOURNAL OF ARBITRATION LAW
ICC RULES AND ARBITRATION IN INDIA
Alexis Mourre* &Abhinav Bhushant
Abstract
The Rules of Arbitration of the International Chamber of Commerce, 2012 [ICC Rules] offer the parties to
a dispute, ajormal institutionalframework to reach a binding decision or settlement, mhile ensuring that the tenets
of transpareng, ejicieny and fairness are upheld. The ICC Rles envisage a structure in mhich the parties retain
considerable autonomy and control over various aspects of the procedure. As the rules are fraimed by legal experts
andjurists from diverse backgrounds, the ICC Rules present a me~ger of wide ranging legal traditions, cultures
and professions that caters to the needs of today's diverse economy. This particularfeature of the rules, among
others, makes it best suited to meet the demands of a developing econom like India that is witnessing a mave o
change from dispute resolution in courts to dispute resolution based in arbitrations. The frst part of this paper
shall anayse the status of dispute resolution in India, with special focus on arbitration as a method of dispute
settlement. In the second part of this paer, the author wishes to throw light on a pressing issue that has
surrounded the courts in India with respect to Indian parties choosing forein law or forein seat of arbitration. In
the third part, the author elucidates the manner in which the ICC Rules can assist in the evolvng status o
arbitration in India.
I. Status of Dispute Resolution in India
The dispute resolution process has a huge impact in the way the Indian economy will be
perceived globally by investors when it comes to making choices based on the 'ease of doing
business' in India. Unfortunately, Indian courts are known for a mountainous backlog of cases.
India has an estimated 31 million cases pending in various courts.' As of December 31, 2015
there were 59,272 cases pending in the Supreme Court of India, around 3.8 million cases
pending in the High Courts and around 27 million pending before the subordinate judiciary.2
More than 8.5 million, which comprises about 26% of the total number of cases, are over 5 years
old.3 On an average it takes twenty years for a real estate or land dispute to be resolved. As a
result, India ranks 100 out of 190 countries in the World Bank rating on Ease of Doing Business
2018.' The ease of doing business index measures regulations directly affecting the private sector
in a country.
Majority of the companies in India (around 61%) adopt a dispute resolution clause when they
enter into a contract, be it in the nature of hire-purchase agreements, construction contracts,
* Alexis Mourre is the President, ICC International Court of Arbitration.
t Abhinav Bhushan is the Director, South Asia, ICC International Court of Arbitration.
The authors would like to thank Ms. Senu Nizar, a fifth year student at National University of Juridical Sciences,
Kolkata, India, for her invaluable assistance and research on this article.
1 Bibek Debroy & Supama Jamn, Strengthening Arbitration and its Enforcement in India - Resolve in India, NITI AAYOG
REPORT (2016), available athttp://niti.gov.in/writereaddata/files/document publication/Arbitration.pdf.
2 Id.
3 Id.
Doing Business 2018: Economy Profile Of Inda, WORLD BANK GROUP (2018), at 4 available at
http: //www.doingbusiness.org/ /media/WBG /DoingBusiness /Documents /Profiles/ Country/ IND.pdf.](ViewImageLocal?handle=hein.journals/ijal7&div=1&collection=&method=preview&ext=.png&size=3)
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