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@article{199589,
author = {Harsh Nath Singh and Dr.Renu Mahajan},
title = {Maritime and Shipping Arbitration in India Institutional Framework and Enforcement Challenges},
journal = {International Journal of Innovative Research in Technology},
year = {2026},
volume = {12},
number = {11},
pages = {13705-13711},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=199589},
abstract = {The use of maritime arbitration has also been adopted as the most effective way of dispute resolution in shipping and trade in India due to its flexibility and confidentiality and the fact that it is internationally enforceable. This paper critically compares institutional and legal regimes that administer maritime arbitration in India with special reference to the Arbitration and Conciliations Act, 1996, the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and the Merchant Shipping Act, 1958. It studies enforcement issues, such as judicial delay, the abuse of the public policy exception and the structural clash between admiralty and arbitration cases, in a doctrinal and comparative perspective. Such landmark cases as Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (2012), ONGC Ltd. v. Saw Pipes Ltd. (2003), Vijay Karia v. Prysmian Cavi e Sistemi SRL (2020) and Ssangyong Engineering v. NHAI (2019) are examined in order to track the Using the comparative analysis of the London Maritime Arbitrators Association (LMAA) and Singapore Chamber of Maritime Arbitration (SCMA), the article also pinpoints institutional gaps and provides the specific solution in the form of the targeted legislative, judicial, and policy change to enable India to become a reputable global maritime arbitration centre.},
keywords = {Admiralty Jurisdiction, Arbitral Awards Enforcement, Arbitration and Conciliation Act, India, Institutional Maritime Arbitration, LMAA, Maritime Arbitration, New York Convention, Public Policy Exception, Shipping Disputes, SCMA},
month = {April},
}
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