Risk of Judicial Intervention in Arbitration

What is the risk of a local court intervening to frustrate an arbitration seated in its jurisdiction? Can a party delay proceedings by frequent court applications?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

Risk of court intervention

Usually, judicial intervention in arbitration is limited to the purposes mentioned in the Arbitration Act. There have been cases where the courts have directed the parties to approach an already subsisting arbitral tribunal for interim measures. Similarly, there have been some cases in which the courts interfered when issues of impartiality or independence of the arbitrators arose. However, since then the law has been clarified.

Delaying proceedings

As the courts only intervene in very limited cases, there is very little that a party can do to delay an arbitral proceeding.

Answered on 28 Sep 2018

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