Maritime Claims and Arbitration in India: A Critical Study of Legislative and Judicial Developments

This paper undertakes a comprehensive examination of the evolving legal and institutional framework governing maritime claims and arbitration in India, situating the discussion within both domestic and international contexts. It places particular emphasis on the dynamic interplay between statutory enactments, judicial interpretations, and the influence of international maritime conventions to which India is a party. Central to the analysis are the Arbitration and Conciliation Act, 1996, which provides the general procedural architecture for arbitration in India; the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which codifies and consolidates the law relating to admiralty jurisdiction and maritime claims; and relevant provisions of the Merchant Shipping Act, which regulate aspects of shipping operations, ship registration, and liabilities. The research methodically evaluates seminal and recent judicial pronouncements that have shaped the contours of maritime arbitration in India, including issues of arbitrability of maritime disputes, enforcement of foreign maritime arbitral awards under the New York Convention framework, and the grant of interim measures of protection in aid of arbitration, both domestic and international. The paper also scrutinizes the procedural and jurisdictional complexities arising from the intersection of in rem admiralty actions and contractual arbitration clauses. In doing so, the study identifies the practical challenges faced by stakeholders in harmonizing Indian maritime arbitration practice with globally accepted standards, particularly those developed in leading maritime arbitration hubs such as London and Singapore. It assesses gaps in the existing legislative scheme, including the need for greater procedural clarity, capacity-building in specialized maritime dispute resolution, and enhanced institutional arbitration infrastructure. The article concludes by proposing targeted reforms aimed at strengthening India’s competitiveness and credibility as a preferred seat for maritime arbitration, in alignment with the country’s strategic vision to become a significant player in global shipping and trade dispute resolution.