ARBITRATION IN INDIA: SCATHED DUE TO JUDICIAL INTERVENTION

Abstract

It is the role of the judicial authorities to facilitate and make smooth the process of arbitration. The judicial courts should not indulge in practices that disregard the basic principles of arbitration and the go beyond its powers as enshrined under Section 11 of The Arbitration and Conciliation Act, 1996. The impertinent interventionist practices of the court must be stopped and the internationally recognized principles of competence-competence and party autonomy must be given proper regard. In the light of the 2015 and 2019 amendment in the Act, this article will discusses the effect of Garware Ropes case decided by The Apex Court of India and some other cases to demonstrate the judicial authorities’ nature of overdoing its duty in terms of Section 11 and not restrict itself to only examine the existence of the arbitration clause. All of this has to be read with an idea in mind that India is a country moving forward with a goal to be the arbitration hub of the world and it is required for the judicial courts to rise up to the occasion and play an instrumental role for the goal to be an actuality and not let it remain as something which is elusive.