CJS212 | Judicial Supervision Of Arbitration In India

This course explores the dynamic and mutually supportive relationship between courts and arbitration. The effective functioning of arbitration is largely dependent on judicial supervision, which has varied in India from excessive control to minimal supervision. This course delves into the reasons for this shift and defines the scope of judicial supervision. Additionally, it discusses fundamental concepts in arbitration and how courts interpret them, with an evaluation of the extent to which the judiciary has promoted arbitration.

The course commences with an introduction to alternative dispute resolution methods, with a particular focus on arbitration. It then delves into the relationship between courts and arbitration in the context of the principle of judicial non-interference. The course covers key concepts of arbitration and the conduct of arbitral proceedings, including the latest cases on arbitration agreements, arbitrability, appointment of arbitrators, tribunal jurisdiction, and setting aside of awards. Finally, the course concludes with a discussion on challenging the award and the right to appeal.