Vol. 2, Issue 6 (2016)
Extent of judicial intervention in the arbitral regime: Contemporary scenario
Author(s): Mitakshara Goyal
Abstract: This paper provides with a critical analysis of the 2015 amendments in the Arbitration and Conciliation Act, 1996 which aims at the segregation of the arbitral regime from the judicial intervention. The aim of these amendments was to preserve the sanctity of the arbitral regime as any aiding mechanism to relieve the overburdened Indian Judiciary. However, with the excessive judicial intervention in the arbitral proceedings, the purpose was getting dissolved. The issue before addressed herein is the extent to which these amendments have successfully managed to minimize the role of the judicial system and made arbitration an effective regime to deliver justice. Addressing this issue, certain irregularities in the intention of the legislature while making the amendments with respect to the spirit of the Arbitration Act have been highlighted.