THE SCOPE OF JUDICIAL INTERVENTION DURING DIFFERENT STAGES OF ARBITRAL PROCEEDINGS: AN ANALYSIS IN THE LIGHT OF THE EMERGING REGIME OF JUDICIAL MINIMALISM

Abstract

Due to the large number of cases pending before the Indian Judiciary, the reliance of people on alternative dispute resolution mechanism in India is increasing. In order to keep away from the undue delay of courts, out of court settlement options are the most viable means to secure quick redressal of disputes. Therefore, due to the upwards growth of arbitration, certain hinderances are observed in its path of successfully rendering justice. There are often times when the judiciary is seen to necessarily interfere during the arbitration proceedings by way of loopholes in the legislative provisions. Such an intervention is observed at different stages of the arbitral process, starting from commencement of the arbitral proceedings, during the arbitral proceedings as well as even after the arbitral award is rendered. The uncalled intervention, defeats the purpose and objective of the legislation, which is to reduce the burden of the courts and render quick justice. Therefore, the objective of this paper is to identify and scrutinise the provisions of the Arbitration and Conciliation Act of 1996, with the objective of identifying provisions which allow intervention of courts in arbitral proceedings along with the extent of intervention permitted, in consonance with the objective of the Act. Furthermore, in light of the above analysis, the standpoint of India, on the international principle of judicial non-interference or judicial minimalism can be understood. For this, the paper shall consider the amendments made to the arbitration law and judicial pronouncements of Apex Court, while commenting on the success of these measures in achieving minimalistic judicial intervention in the process of arbitration.