The Importance Of Judicial Intervention
INTRODUCTION
The general principle pertaining to the extent of judicial intervention is emphasised in Section 5 of the Arbitration and Conciliation Act 1996150. This Section is analogous to Article 5 of UNCITRAL Model Law as well as the general principle as stated in Part 1 of the English Arbitration Act 1996. Section 5 is a new section as there was no analogous provision in the old Act of 1940.
SCOPE AND OBJECT
This Statement of principle in Section 5 of the Arbitration and Conciliation
Act 1996 is a clear recognition of the need to limit and define the Court’s role in arbitration. Party Autonomy and the independence and authority of arbitrators are the hallmarks of this Act. The prevalence of party autonomy over court intervention with the object of achieving the two fold objective of speed and economy in resolution of disputes by ‘domestic’ and ‘international commercial arbitration’ is the core of this legislation. In order to eliminate any possibility of intervention by courts, Section 5 of the Act begins with non obstante clause – “Notwithstanding anything contained in any other law’. Now judicial intervention in the arbitral process is permissible only to the extent as permitted by Part I. This clearly indicates the legislative intent to minimize supervisory role of courts to ensure that the intervention of the court is 150 Section 5: Extent of Judicial Intervention: Notwithstanding anything contained in any other law for the time being in force,
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