Open Access Research Article
JUDICIAL INTERVENTION IN ARBITRATION PROCEEDINGS: BALANCING AUTONOMY AND COURT SUPERVISION
Abstract
Arbitration
has emerged as one of the most significant alternative dispute resolution
mechanisms for resolving commercial and contractual disputes. It offers parties
flexibility, confidentiality, specialised decision-making and the possibility
of faster dispute resolution than ordinary litigation. The success of
arbitration, however, depends upon maintaining an appropriate balance between
party autonomy and judicial supervision. Excessive judicial interference may
undermine the independence and efficiency of arbitral proceedings, while the
complete absence of judicial oversight may expose parties to procedural
unfairness, arbitrator bias, jurisdictional errors and violations of
fundamental legal principles.
In
India, the Arbitration and Conciliation Act, 1996 establishes a legal framework
intended to minimise judicial intervention while preserving necessary court
assistance and supervision. Section 5 embodies the principle of minimal
intervention, whereas Sections 8, 9, 11, 17, 34 and 37 identify important
circumstances in which courts may exercise their powers. Judicial decisions
have further clarified the relationship between arbitral autonomy and judicial
control. Decisions such as Vidya Drolia v. Durga Trading Corporation, Bharat Aluminium
Co. v. Kaiser Aluminium Technical Services Inc., and Ssangyong Engineering
& Construction Co. Ltd. v. National Highways Authority of India under the
Arbitration and Conciliation Act, 1996 demonstrate the judiciary's evolving
approach towards arbitration.
This
paper examines the statutory framework, judicial precedents, challenges and
practical implications of judicial intervention in arbitration proceedings in
India. It argues that courts should function as facilitators and guardians of
the arbitral process rather than as appellate authorities over arbitral
decisions. A balanced approach is necessary to preserve party autonomy, ensure
procedural fairness, uphold the rule of law and strengthen confidence in
India's arbitration system.
Keywords:
Arbitration, Judicial Intervention, Party Autonomy, Arbitration and
Conciliation Act, 1996, Judicial Supervision, Arbitral Tribunal, Section 34,
Alternative Dispute Resolution.
Published Paper
Author Details
Authors: SHREYA JAISWALRegistration ID: 1013533 | Published Paper ID: IJLRA13533Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 32-46
Article Information
JUDICIAL INTERVENTION IN ARBITRATION PROCEEDINGS: BALANCING AUTONOMY AND COURT SUPERVISION
Authors: SHREYA JAISWAL
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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