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Alternate Dispute Resolution

This document is a draft paper submitted for a course on Alternative Dispute Resolution at Chanakya National Law University in Patna, India. It discusses the topic of judicial intervention in arbitration in India. Specifically, it analyzes amendments made to the Arbitration and Conciliation Act in 2015 that were intended to reduce judicial intervention but may have unintentionally retained some judicial influence through the inclusion of time standards for arbitrations. The researcher aims to analyze cases where arbitration effectively assists the judiciary and hypothesizes that arbitration provides speedier dispute resolution.

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abhishek kumar
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98 views

Alternate Dispute Resolution

This document is a draft paper submitted for a course on Alternative Dispute Resolution at Chanakya National Law University in Patna, India. It discusses the topic of judicial intervention in arbitration in India. Specifically, it analyzes amendments made to the Arbitration and Conciliation Act in 2015 that were intended to reduce judicial intervention but may have unintentionally retained some judicial influence through the inclusion of time standards for arbitrations. The researcher aims to analyze cases where arbitration effectively assists the judiciary and hypothesizes that arbitration provides speedier dispute resolution.

Uploaded by

abhishek kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE

COURSE TITLED-

ALTERNATE DISPUTE RESOLUTION

“Extent of Judicial Intervention in Arbitration”

SUBMITTED TO: -

Mr. Hrishikesh manu

Faculty of the subject Alternate Dispute Resolution

SUBMITTED BY: -
ABHISHEK KUMAR

SICTH SEMESTER

ROLL NO:- 1808

B.B.A., LL.B. (HONS)


INTRODUCTION

Prior to the 2015 amendments in the Arbitration and conciliation act 1996, India’s journey in
fastening the judicial pendency and disposal of cases has been extremely ineffective and subject
to criticism. One of the major issues with the arbitration regime was the copious judicial
intervention in the arbitration procedures that stood in contradiction to the whole aim behind
setting up of this regime which was to unburdened the excessively burdened judicial system of
India. This paradox and certain anomalies were recognized by the legislation that led to certain
amendments in 2015 which led to a restriction on the active participation of the judiciary in the
matters dealt by the arbitration. The Law Commission of India initiated the project to
revolutionize the arbitration regime and amend the Act in 2010. The final report was submitted
in 2014 and the Parliament and the President sanctioned the same in August 2015.

Post the 2015 amendment, the arbitration tribunal was given enhanced
powers resulting from the reduced role of the judicial system in the purview of arbitration
regime. However, how effective these amendments are in practicality is yet to be assessed.
Arbitration is a trending dispute resolution mechanism in India which has undergone sever
amendment in its functioning and effectiveness. The potential applicability of the above
mentioned amendments is still a contention that is being raised. However, there seems to be
irregularity in the intention of the legislature while making such amendments with respect to
the spirit of the Act. While on one hand, there have been amendments in Section 8, Section 9,
Section 11 and Section 17 that reduce the scope of judicial intervention to a large extent and
uphold the supremacy of the arbitration tribunals in the arbitration regime, but on the other,
insertion of Section 29 A nullifies the effect of the same. The inclusion of arbitration in the
justice system was with the intention to reduce the pendency of cases with the courts and
enhance the disposal of cases outside courts. However, Section 29 A enforces overambitious
time standards which are certainly impossible for the tribunals to adhere to. This to a certain
extent retains judicial influence on the arbitration proceedings and a dependency of the
tribunals on the courts to avoid any harsh repercussions of the delay with the Courts have the
power to impose. Though these are academic criticisms, it is yet to be analysed in its potential
applicability in the arbitration regime.
HYPOTHESIS
The researcher presumes that the arbitration process is subordinate to judiciary and provides
speedier methods to resolve civil disputes.

RESEARCH METHODOLOGY
The researcher followed doctrinal as well as non-doctrinal method of research to complete the
project.
AIM AND OBJECTIVE

The researcher tends to analyse the cases where arbitration is effectively assists the judiciary.

SOURCES OF DATA

1. The researcher relied on secondary sources to complete the project.

2. Secondary sources include all the books and websites related to the topic.

LIMITATIONS:

The researcher has territorial and time limitations.

TENTATIVE CHAPTERIZATION:

Chapter 1: - Introduction.
Chapter 2: - Arbitration process.
Chapter 3: - origin of Judiciary and Arbitration.

Chapter 4: - Judicial intervention in arbitration.

Chapter 5: - conclusion and suggestion


BIBLIOGRAPHY

Websites
1) www.academia.in
2) www.linkdin.in
3) www.scribid.in
Books

1) Arbitration & Conciliation with Alternative Dispute Resolution written by Madhusudan Saharay
2) Law of Arbitration Conciliation & Negotiation written by A.K. Jain.

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