Ragini Sharma & Sanu, LLM, Amity University Uttar Pradesh
ABSTRACT
Arbitration as an alternative to traditional methods of dispute resolution had gained popularity over the years. While the legislative provisions have tried to stay abreast with the recent developments especially with regards to the foreign awards, there were many hinderances to the growth of India as an international hub of arbitration. The practical implementation of a minimalist approach with regard to arbitration and enforcement of foreign awards is an essential feature.
This has been evident not only in the legal provisions but the judiciary has also played a key role in this. There has been a shift in the perspectives with the judiciary also adopting a more liberal approach by interpreting the grounds for preventing enforcement in a constrained manner as opposed to certain verdicts pronounced initially. The courts have also adopted a pro-arbitration stand and ensured that this norm of minimal judicial intervention is fostered. They have also taken into consideration the newer necessities in this regard. This article deals with the legislative enactments in this regard along with the shift in judicial interpretations as has been evident in various landmark judgments pronounced by the court in such matters. This also helps shape the understanding of the practical implementation of provisions and identify its future course.
