Towards Minimal Judicial Intervention: Strengthening Arbitration Practices In India
- IJLLR Journal
- 11 hours ago
- 1 min read
Gaurav Kumar Singh, Himachal Pradesh National Law University, Shimla
Anu Bajir Choudhary, Institute of Law, Nirma University, Ahmedabad
ABSTRACT
Arbitration has evolved over the years into a preferred alternative to litigation, which is often time-consuming and impersonal as a method of dispute resolution. In India, major legislative reforms such as the amendments of 2015 and 2019 to the Arbitration and Conciliation Act are aimed at bringing domestic arbitration practices to international standards. However, judicial interference continues to be a stumbling block more often than not, strikingly curtailing the autonomy of the arbitral tribunal and causing delays in its proceedings.
This paper discusses the principle of minimal court intervention and its significance to the arbitration system in making it efficient. It reviews judicial trends, covering everything from the competence-competence doctrine to the arbitrability of disputes and enforcement of arbitral awards. Details are provided regarding precedent case law and statutory law that highlight specific types of court intervention that inhibit arbitration.
The paper puts forward specific reforms, including the strengthening of arbitral institutions redefining arbitrability and reducing judicial interference in the pre-arbitration and post-award stages. This will go a long way in facilitating arbitration education to address the disparity in the application of arbitration principles by judges. With all these issues being addressed, the paper seeks to balance the autonomy of the parties with respect to arbitral procedure and substantive integrity/public policy.
The research paper, in the final analysis, advocates building a strong arbitration regime that would curb judicial overreach, ensure institutional capacity, and bolster India's chances of becoming a global arbitration hub.
Keywords: Minimal Court Intervention, Arbitration, ADR, Kompetenz, Intervention, etc
