Applicability Of The Code Of Civil Procedure In Arbitration: A Critical Analysis

Applicability Of The Code Of Civil Procedure In Arbitration: A Critical Analysis With Specific Reference To Section 11 Of The CPC

Devansh Dubey, National Law Institute University, Bhopal

ABSTRACT

The project titled "Applicability of the Code of Civil Procedure in Arbitration: A Critical Analysis with Specific Reference to Section 11 of the CPC" makes an attempt to understand and outline the complex relationship between the Code of Civil Procedure (CPC) and the field of arbitration in the Indian legal system. The study endeavours to provide a nuanced comprehension of the evolution, legal provisions, judicial interpretations, and practical implications of the CPC's applicability in arbitration proceedings, with a particular focus on Section 11 of the CPC.

India's legal environment is characterised by a duality of legal frameworks regulating civil litigation and alternative dispute resolution, making the interaction between the CPC and arbitration a crucial and frequently complex topic.

The Project seeks to analyse the applicability of Section 11 of the CPC in disputes referred to an Arbitral tribunal. In pursuant of the objective, the project adopts a four-fold approach, firstly it delves into general applicability in Arbitration, secondly, it lays down a brief framework about section 11 of the CPC, Thirdly the project analyses the applicability of Section 11 in three prongs, i.e.; In Domestic Arbitration, In International Arbitration and In Investment Treaty Arbitration.

Finally, the author has concluded with an analysis of probable outcomes in instances where Arbitral tribunals overlook the applicability of section 11 in the proceeding and its impact on the final award.