JUDICIAL INTERVENTION IN ARBITRATION: A JURISPRUDENTIAL NECESSITY OR AN ANACHRONISTIC ENCUMBRANCE?
AUTHOR – OJASKAR MISHRA, STUDENT AT KES SHRI JAYANTILAL H. PATEL LAW COLLEGE
BEST CITATION – OJASKAR MISHRA, JUDICIAL INTERVENTION IN ARBITRATION: A JURISPRUDENTIAL NECESSITY OR AN ANACHRONISTIC ENCUMBRANCE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 101-115, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This research paper endeavours to critically examine the ambit and contours of judicial intervention under the Arbitration and Conciliation Act, 1996, while simultaneously interrogating whether the Indian arbitral framework has succeeded in achieving an equitable reconciliation between arbitral autonomy and indispensable judicial supervision. The study undertakes a nuanced analysis of the ramifications of judicial interference upon the efficiency, expedition, confidentiality, and finality that constitute the very raison d’être of arbitral proceedings in India. It further evaluates the efficacy of successive legislative amendments introduced with the avowed objective of restraining excessive court intervention and fortifying arbitration as a credible and efficacious mechanism of alternative dispute resolution.
The paper additionally undertakes a comparative appraisal of India’s arbitral regime vis-à-vis globally acclaimed arbitration-friendly jurisdictions such as Singapore, United Kingdom, and France, with a view to discerning the institutional and jurisprudential practices that have rendered these jurisdictions preferred arbitral seats. In doing so, the study identifies the persistent structural and procedural impediments that continue to afflict the Indian arbitration ecosystem and advances a series of recommendations aimed at invigorating institutional arbitration, attenuating procedural delays, safeguarding confidentiality, and consolidating India’s aspirations of emerging as a formidable hub for international commercial arbitration.