Recent months have seen continued positive steps in the field of arbitration in India. In this update, we look back at the key developments so far in 2018. These include a a number of pro-arbitration decisions from the Supreme Court of India, a refusal to grant an injunction against an investment treaty arbitration brought against the Indian government and proposed amendments to India's arbitration legislation.
Both legislative and, to some extent, judicial decisions are being driven by India's policy objective of improving its position in the World Bank's annual Doing Business rankings (where difficulties in enforcing contracts still drag down India's overall ranking). Efforts to increase the viability of India as a reliable seat of arbitration and enhance the integrity of institutional arbitration in India are both encouraging initiatives which, in the long run, should facilitate the process of resolving disputes with Indian counterparties.