Justice RF Nariman Flags Uncertainty in India's Arbitration Law

Former Supreme Court Judge Justice RF Nariman, speaking at GHAC Arbitration Week 2026 in India, flagged significant uncertainty in the country's arbitration law and questioned recent Supreme Court rulings. He specifically criticized the lack of certainty in Indian arbitration jurisprudence, observing that recent Supreme Court judgments have, at times, reversed positions previously settled by earlier Constitution Benches within a short span. Justice Nariman discussed the evolution and challenges of the Arbitration and Conciliation Act, 1996, noting its 30-year anniversary and persistent shortcomings in drafting and implementation, such as the absence of comprehensive timelines for challenges and appeals, despite improvements over the 1940 Act like making reasoned awards the norm and eliminating the requirement of converting awards into court decrees before enforcement. He also raised concerns regarding rulings on the interplay between the Arbitration and Stamp Acts.