Kluwer: Arbitral Immunity in India: in Good Faith and Bad

Published on July 31, 2025

This article discusses the difference in the nature of the immunity granted to arbitrators under the Indian Arbitration and Conciliation Act (“ACA”), as compared to the U.K. Arbitration Act (“AA”). It specifically focuses on the structure of the arbitral immunity clause in the ACA, which reverses the burden of proof to establish good or bad faith.