Arbitration: How It Works and How an Award Is Enforced
Arbitration is a binding process where an arbitrator decides the dispute after hearing both sides. How it works in India and how awards are enforced.
The IIAC is India's statutory arbitral institution, set up by Act of Parliament in 2019 to replace the ICADR; it administers arbitration and mediation.
The India International Arbitration Centre (IIAC) is the Government of India's flagship vehicle for making New Delhi an institutional-arbitration hub. It is high on ambition and statutory authority — and, so far, earlier in delivery than its mandate implies.
The IIAC was established by an Act of Parliament in 2019, renamed from the New Delhi International Arbitration Centre in 2022. It is a statutory autonomous body, declared an institution of national importance, based in New Delhi and chaired by a former Supreme Court judge.
Its creation had a direct consequence for an older body. The International Centre for Alternative Dispute Resolution (ICADR), set up in 1995, was effectively superseded by the IIAC in 2019. ICADR is no longer the operating institution, and its history is often cited as a caution: statutory creation alone does not build an institution, and a government-established body that is under-utilised will eventually be replaced rather than reformed.
The IIAC administers domestic and international arbitration, along with mediation and conciliation. It operates under the IIAC (Conduct of Arbitration) Regulations 2023 and maintains a panel of arbitrators.
The IIAC's most distinctive contribution is the MSE Arbitration Regulations 2024, which create a dedicated arbitration route for micro and small enterprises. This is a genuine access-to-justice measure: institutional arbitration is normally priced well beyond what a small business can absorb, and a dedicated track addresses a gap that neither the courts nor the commercial institutions serve well. It complements the statutory conciliation and arbitration route available to MSMEs through the Facilitation Councils under the MSMED Act, 2006.
The IIAC's strengths are its statutory status, government backing, and explicit national hub mandate. Its limitations are that it remains nascent, public caseload data is limited, and implementation has lagged the ambition of its founding legislation. Private institutions — principally the MCIA — currently lead on demonstrated caseload and delivery speed.
For a party choosing an institution today, the practical question is track record rather than mandate. See the guide to drafting an arbitration clause for how to specify an institution, and the comparison of Indian institutions on this site for how they differ.
For disputes with an overseas party, see cross-border commercial disputes connected with India.
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The International Centre for Alternative Dispute Resolution, established in 1995, was effectively superseded by the India International Arbitration Centre in 2019. ICADR is no longer the operating institution; the IIAC took over its role as the government's flagship arbitral body.
The IIAC's MSE Arbitration Regulations 2024 create a dedicated arbitration route for micro and small enterprises — a notable access-to-justice measure aimed at making institutional arbitration viable for smaller businesses that would otherwise find it unaffordable.
Yes. The IIAC was established by an Act of Parliament in 2019, renamed from the New Delhi International Arbitration Centre in 2022, and is a statutory autonomous body declared an institution of national importance. It is chaired by a former Supreme Court judge.
The IIAC's strengths are statutory status, government backing and its national hub mandate. Its limitation is that it remains at an early stage with a thin public track record — implementation has lagged its mandate. Private institutions such as the MCIA currently lead on demonstrated caseload and delivery speed.
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Arbitration is a binding process where an arbitrator decides the dispute after hearing both sides. How it works in India and how awards are enforced.
Mediation is a voluntary, confidential process in which a neutral helps the parties reach their own settlement. How it works in India and when it binds.
Conciliation lets a neutral conciliator propose settlement terms, unlike mediation. How it works in India, when it applies, how settlements are enforced.
Qualifying micro and small suppliers may use the MSEFC statutory conciliation-arbitration route under the MSMED Act, 2006 for delayed-payment disputes.