CJS212 | Judicial Supervision of Arbitration in India

The relationship between Courts and Arbitration is one of mutual support and partnership. Judicial supervision is pivotal for an effective and efficient arbitral mechanism. Arbitration in India has passed through many phases – from excessive judicial control to minimal judicial supervision. This course examines how and why this shift in approach has taken place and tries to define the contours of judicial supervision. The course discusses fundamental concepts in arbitration and looks at how courts interpret and apply these concepts. Finally, the course examines to what extent the judiciary has played a role in furthering arbitration. This course will focus on critically evaluating the interaction between courts and arbitration.

The course begins with a discussion on the relationship between the court and arbitration in the context of the principle of judicial non-interference. It addresses the role of courts in the conduct of arbitral proceedings, the extent of judicial supervision of arbitration agreements, the courts’ role in deciding arbitrability of a dispute, judicial supervision of the appointment of arbitrators, the power of the court to set aside the award, etc., with the help of the latest cases. It also discusses the exercise of writ and appellate jurisdiction by courts in arbitration matters.