Arbitrating issues of Corruption in India: An Uncharted Beginning

Arbitrating corruption issues tends to highlight what has been called the paradox of arbitration, i.e., that arbitration must remain tethered to the very public authorities it seeks freedom from. And while friction is perhaps inevitable with public illegalities being addressed in what are essentially private procedures, it is also a useful litmus test of arbitration’s fitness to deal with rapidly expanding frontiers. This paper explores the challenges of arbitrating issues of corruption in the Indian context where the extant lex arbitri appears to be ill-equipped, and argues that recent changes have only exacerbated this position.