Judicial Interference v. Legislative Intent in Arbitration Cases: A Critical Analysis
Author(s):
Rozaline Sherly A
Keywords:
Arbitration, legislative intent, judicial interference, Arbitration and Conciliation Act, International Conventions
Abstract
Arbitration, as a preferred method for resolving disputes outside of formal court proceedings, is often founded on the principle of party autonomy and efficiency. It is a settled principle that the role of the courts is very minimal when the parties have agreed to resolve their disputes by arbitration. However, this fundamental premise has been compromised as there is a conflict between the original legislative intent behind arbitration laws and the extent to which judicial bodies intervene in arbitration proceedings. This paper seeks to analyze various judicial pronouncements which have contravened the rudimentary principles of arbitration by undermining the legislative intent behind the Arbitration and Conciliation Act, 1996. This paper also highlights the significant factors which contribute to the conflict between the legislative intent and judicial interference in arbitration cases with regards to recent landmark judgements ranging from 2019 to 2023 such as the Perkins Judgement, Dyna Technologies Private Limited v. Crompton Greaves Limited, NTPC Ltd. v. SPML Infra Ltd, Larsen Air Conditioning & Refrigeration Co. v. Union of India, etc. The role of courts and their limited scope as laid down in the International Conventions on Arbitration such as the UNCITRAL Model Law and the New York Convention is also examined in this paper. This paper proposes to make a detailed overview of the key instances where the entire process of arbitration fails due to the intervention by the judiciary. This paper aims to strike a balance between the intervention of the courts in ensuring the due process of law and the principles of arbitration as enshrined by the legislature in the Arbitration and Conciliation Act,1996.
Article Details
Unique Paper ID: 163400

Publication Volume & Issue: Volume 10, Issue 11

Page(s): 1168 - 1176
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