Court`s intervention in arbitration proceedings: a maneuver between courts and arbitral tribunals

Krishnaja Olappamanna , Swarlata Pandey

Arbitration, Judicial-Intervention, Kompetence-Komptenece, Party Autonomy, Arbitral proceedings

This research paper delves into the crucial aspect of judicial intervention in arbitration proceedings under the Arbitration and Conciliation Act of 1996 in India. The primary objective of this research paper is to explore the scope and principles of judicial intervention in arbitration by analyzing the relevant sections of the Act and examining related judicial pronouncements. The paper meticulously dissects each stage of judicial intervention during the arbitration process, shedding light on its implications and potential impact on party autonomy and efficiency in dispute resolution. The paper commences with an introduction that outlines the genesis and rationale behind the Act, emphasizing the importance of preserving party autonomy and the consent of the parties in choosing arbitration as the preferred method for dispute resolution. Subsequently, the paper critically analyzes the 2015 and 2019 Amendments to the Act, which shifted towards institutional arbitration and aimed to make India an arbitration-friendly jurisdiction. Moreover, the research paper explores the principle of judicial non-interference in international arbitration and the need to harmonize it with the functioning of national arbitration in India. In conclusion, the research paper emphasizes the importance of striking a balance between judicial intervention and party autonomy in arbitration proceedings. The insights and recommendations provided in this paper serve as valuable guidance to policymakers, arbitrators, and legal practitioners seeking to strengthen India's position as an arbitration-friendly jurisdiction.

Published Paper   E-Certificate

"Court`s intervention in arbitration proceedings: a maneuver between courts and arbitral tribunals", IJSDR - International Journal of Scientific Development and Research (www.IJSDR.org), ISSN:2455-2631, Vol.8, Issue 9, page no.756 - 762, September-2023, Available :https://ijsdr.org/papers/IJSDR2309116.pdf

Volume 8 Issue 9, September-2023

Pages : 756 - 762

Paper Reg. ID: IJSDR_208628

Published Paper Id: IJSDR2309116

Downloads: 000347308

Research Area: Other

Country: Thanjavur, Tamil Nadu, India

Published Paper PDF: https://ijsdr.org/papers/IJSDR2309116

Published Paper URL: https://ijsdr.org/viewpaperforall?paper=IJSDR2309116

ISSN: 2455-2631 | IMPACT FACTOR: 9.15 Calculated By Google Scholar | ESTD YEAR: 2016

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.15 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJSDR(IJ Publication) Janvi Wave

This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition