Judicial Intervention in Arbitration

10 Pages Posted: 29 Jun 2016

Date Written: November 27, 2015

Abstract

Arbitration is the means by which parties to a dispute get the same settled through the intervention of a third person, but without having recourse to a Court of Law. This is however, more of a fiction as court may have to interfere, or parties, may approach the Court, from the very initial stages of arbitration. When two persons agree to have their differences settled through arbitration what they really mean is that the actual decision of the dispute will rest with a third person called an arbitrator, though Court may have to intervene to regulate arbitration proceedings, or, to give the award of the arbitrator a sanction of law. The law of arbitration is based upon the principle of withdrawing the dispute from the ordinary courts and enabling the parties to substitute a domestic tribunal. Halsbury defines arbitration as the reference of dispute or difference between not less than two parties, for determination, after hearing both sides in a judicial manner, by a person or persons other than a Court if competent jurisdiction.

Keywords: Arbitration, Section 34, Court, Dispute, Arbitrator, Judicial Authority, Public Policy, Jurisdiction, Award

Suggested Citation

Jain, Sankalp, Judicial Intervention in Arbitration (November 27, 2015). Available at SSRN: https://ssrn.com/abstract=2801454 or http://dx.doi.org/10.2139/ssrn.2801454

Sankalp Jain (Contact Author)

Delhi High Court ( email )

Delhi High Court
New Delhi, ND Delhi 110001
India

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