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Arbitration Law In India: The Dichotomy Of Legislative Reforms And Judicial Intervention In The Post-Amendment Era


Swarnagouri Biradar, School of Law, Christ University


ABSTRACT


The purpose of this article is to trace the profile of arbitration law in India, particularly in the context of the recent changes and judicial pronouncements on the Arbitration and Conciliation Act of 1996. It addresses the questions lingering around the effectiveness of enforcing arbitral awards, for instance the issues of court powers to modify awards and the problematic sequential enforcement stays.1 On the face of it, though, the study clearly points out the dichotomy between the restrictive provisions meant to curtail court intervention and the reality on the ground with regards to the implementation of arbitration laws. Critical issues here would be the amendment of the Act in 2015, 2019, and 2021, and the huge judgments delivered by the Supreme Court that have made it functional.2



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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