Balancing Autonomy And Oversight: The Judicial Role Under Section 37 Of India’s Arbitration Regime
- IJLLR Journal
- Oct 7
- 2 min read
Ridhansha Walia, Jindal Law School
Introduction
Out of many prominent speakers gathered at the Court of International Arbitration of the International Chamber of Commerce on the occasion of its sixtieth anniversary which was held in Paris, 1983, one of the speakers namely, U.S. Judge Howard Holtzmann emphasized upon an aspect that judges and arbitrators function as the partners in a complex structure of international justice. However, contrary to this idea, ICJ Judge Keba Mbaye, firmly yet politely disagreed to this limited view taken by Judge Howard Holtzmann, highlights that several countries such as Africa, Latin America and Asia still perceive the concept of arbitration as an external legal mechanism that has been forcefully imposed on them for adjudication of disputes. Reason being, back then such developing countries were least preferred venue to conduct any International Arbitration proceedings and accordingly, delivered fewer arbitrators. The unpopularity of International Arbitration, in early 1980, among developing countries including in India, was because of Indian parties were unable to defend themselves effectively before arbitral tribunal as there were low reserves of foreign exchange in India. The attitude of people towards arbitration has been quite different in earlier times.
The laws of Arbitration are well-established in legal system of India since several years. Over the years, the trajectory of Arbitration Laws has evolved from Arbitration Act of 1940 to the latest enactment of Arbitration and Conciliation Act of 1996 (hereinafter referred as ‘the Act’), which extends to entire India, came into force on 22.08.1996. The intent of the legislature in crafting the Act was not to make it of exhaustive nature, instead wanted it to operate as consolidating and amending in nature.
Scope and purpose of the Act
Earlier, the position of arbitration laws has been quite different from what we have now.
