Judicial Intervention In Arbitration Proceedings: Need Or Hindrance
- IJLLR Journal
- Mar 23
- 1 min read
Shivangi Mishra, Kirit P Mehta School of Law, NMIMS, Mumbai
ABSTRACT
Alternative Dispute Resolution (ADR) encompasses various mechanisms, but one of the most significant is Arbitration. It has been framed to provide a faster, more flexible, and less formal method for resolving disputes outside the court system. The Arbitration and Conciliation Act, 1996, provides the framework that primarily governs arbitration in India, framed and implemented to warrant that it aligns domestic arbitration law with international provisions and encourages that there is minimal to no judicial intervention during proceedings. It ensures that the arbitration proceeding retains its independence and efficiency.
However, courts continue to intervene at different stages of arbitration, although such intervention is for checks and balances to ensure fairness and due process, but it can lead to unnecessary delay, undermining the fundamental objective of arbitration. This paper elaborates on the nature of judicial intervention in arbitration proceedings and analyses whether such intervention is a need for fairness or a hindrance to faster and more efficient dispute resolution. It delves into the statutory framework that maintains balance not only to govern arbitration independence but also states the courts' role in overseeing arbitral proceedings.
The research paper critically analyses the strengths and limitations of judicial intervention and suggests a broader system to make arbitration practices in India impactful, ensuring justice, fairness and transparency.
