I write with reference to your article on law enforcement in India in the July/August 2009 issue.
According to me, the law enforcement machinery in India has consistently improved over a period of time, contrary to what the people outside the country may feel. Whether it be arbitration or recovery of loans given by secured creditors and financial institutions, the legislature has provided for a speedy mechanism, which is on par with some of the best systems in the world.
India’s Arbitration and Conciliation Act, based on the UNCITRAL model, fundamentally follows the same procedures as provided in the western world. When lawyers and litigants face problems in the enforcement of arbitral awards, it is often a result of the poor drafting of an arbitration clause. If the clause does not detail the procedure to be followed by the arbitrator, it confers a lot of discretion on the arbitral tribunal, which may lead to problems.
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