Is Judicial Intervention in Arbitration Justified?
11 Pages Posted: 9 Feb 2010
Date Written: February 9, 2010
India has an effective Arbitration law in place. It is a mechanism used by the parties to resolve disputes in their commercial as well as non-commercial transactions. In Arbitrations, disputes are resolved with binding effect, by a person or persons acting in a judicial manner in private, rather than by a national court of law. The decision of the arbitral tribunal is usually called an Award.
The United Nations Commission on International Trade law (UNCITRAL) Produced a Model Law on International Commercial Arbitration in 1985 which later, on recommendation of Departmental Advisory Committee on Arbitration, became the source of Indian Arbitration Law i.e. Arbitration & Conciliation Act, 1996.
This Article discusses some issues relating to the intervention of Judiciary in Arbitration Law. Part I of the article addresses the Growth of Arbitration and introductory content followed by Part II which depicts the Area of Conflict in the Appointment of Arbitrators & Judicial intervention into Arbitration.
The paper further discusses S 34 of the UNCITRAL or Arbitration and conciliation Act, 1996 and analyses the term ‘public policy’ with related case laws. The author concludes the paper with certain suggestions which can act as an instrument of change.
Keywords: Arbitration, Judicial intervention
Suggested Citation: Suggested Citation