JUDICIAL INTERVENTION IN ARBITRAL PROCESS

AUTHOR – RISHAV NARWARIYA, STUDENT AT SVKM’S NMIMS, INDORE

Best Citation – RISHAV NARWARIYA, JUDICIAL INTERVENTION IN ARBITRAL PROCESS, ILE JOURNAL OF ALTERNATIVE DISPUTE RESOLUTION LAW REVIEW (ILE JADRLR), 1 (1) of 2023, Pg. 24-30, APIS – 3920 – 0046 | ISBN – 978-81-964391-3-2.

Abstract

People in India are becoming more dependent on alternative dispute resolution mechanisms as a result of the numerous cases that are currently pending before the Indian judiciary. The most practical way to get speedy results is through out-of-court settlements, which avoid the unnecessary delay of the courts Resolution of conflicts. As a result, there are some obstacles in the way of arbitration’s ability to successfully deliver justice as a result of its upward rise. Through the use of legal loopholes, the judiciary is frequently perceived as having to intervene during the arbitration procedures. Such an intervention is seen at various points during the arbitral procedure, from the beginning of the arbitration to its conclusion and even after the arbitral award has been made. The law’s intention to lighten the load on the courts and provide swift justice is defeated by the uncalled-for involvement.

As a result, the purpose of this paper is to identify and examine the provisions of the Arbitration and Conciliation Act of 1996 in order to determine which provisions permit court intervention in arbitration proceedings and to what extent this intervention is permitted in accordance with the Act’s goal.

KEYWORD – ARBITRATION, JUDICIAL INTERVENTION, SECTION 5, SECTION 9, SECTION 34