Interference of Judiciary in Arbitration Proceedings

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  Ankur Yadav April 11, 2026 at 12:11 am

  Interference of judiciary in arbitration proceedings

  By the passing of new Arbitration and Conciliation Act,1996 the interference of judiciary is highly reduced. As per Section 5 of 1996 Act court cannot interfere in the arbitration proceeding except provided under the Act.
  Under 1996 Act judiciary can interfere in the arbitration proceedings under the following provisions –
  1.Court shall refer the dispute to arbitration under section 8.
  2.Court can grant interim injunctions before or during the arbitration proceedings under section 9.
  3.If the parties fail to appoint the arbitrator under section 11 then such power of appointment can be done by judiciary through arbitral institutions post 2019.
  4.In case of any controversy regarding the jurisdiction of the arbitrator it will be decided by the court under section 14(2) such order of the court shall be binding and final and therefore no appeal is allowed.
  5. Arbitral tribunal may request the court for its assistance in taking evidences as per section 27.
  6.If the party is not satisfied by the decision of arbitral award then it can approach the court for setting aside under section 34.
  7. As per section 39(2) of the 1996 Act , the arbitrator can exercise his power of lien on arbitral award if his fees is unpaid.
  8.As per section 29 A and 29 B of the 1996 Act that the parties can have fast track proceedings to be done if they agree but the arbitrator has to give the arbitral award on the fixed time as mentioned if the arbitrator fails to give award then he can either be terminated or his salary will be reduced as per the delay in giving the award.

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  • 
    Chinar Law April 11, 2026 at 6:02 pm

    Marks 13
    All points explained. Add case laws as well

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