Notable Rulings In Arbitration And Their Interpretations

Yazhinee M S, School of Excellence in Law (TNDALU)

ABSTRACT:

This article deals with the interpretation in the Arbitration and Conciliation Act 1996. This includes landmark and recent judicial decisions and their interpretations. After giving a small introduction, the article directly moves into interpretation of certain parts of the act. This is selected on basis of the judicial conundrums and landmark cases of the act. This article will include interpretation as to consent in Arbitration, interpretation as to judicial control over final order, interpretation as to subject matter arbitrability, interpretation as to courts power to enquire and intervene in the primary stage. These are the recent Arbitration related Judgements which have good interpretation to look into and comprehend. Arbitration uses international law and foreign cases as the legislative intent is also to make Arbitration global standard. This article set down many judicial pronouncements in every subtopic so as to explain the interpretation involved. Additionally, online dispute resolution is also added in favour of future envisions. Suggestions also given along with conclusion and references of cases.

Keywords: non-signatory, arbitrability, arbitral award, alternate dispute resolution, online dispute resolution, interpretation, judicial intervention