The Opportunities For Post- Brexit International Arbitration in London And India

Abstract

The United Kingdom’s recent vote in favour of Brexit has raised speculation about whether London would continue to be a preferred forum for arbitration of India-related disputes. Over the years, the support for arbitration in India has grown immensely. This is reflected through the opening of the Mumbai Centre for International Arbitration, the pro-arbitration amendments to the Indian arbitration law and the minimum interference approach adopted by the Indian courts. Given the increasing inclination of parties to India-related disputes to opt for arbitration, the author seeks to examine the impact of Brexit on the attractiveness of London as a centre of arbitration, and whether this would affect the growth of arbitration in India. London has always flourished as a hub of arbitration, independent of its membership in the EU. The applicability of principles of English law, and the consistency that they represent, have always made London a favourable seat of arbitration, particularly for Indian parties. Thus, while India seeks to become a leading player in international arbitration, London shall retain its attractiveness as a centre for arbitration of India-related disputes.