courts have at times failed arbitration process, says SC
New Delhi, May 31 -- The Supreme Court has said that while arbitration in India has not failed, courts have at times failed the arbitration process by allowing excessive judicial intervention that undermines speed, certainty and finality in dispute resolution.
In a judgment delivered on May 29, a bench of Justices JK Maheshwari and AS Chandurkar stressed the need to respect the finality of arbitral awards and cautioned against unnecessary court interference, saying it could weaken confidence in India's arbitration framework. "Arbitration in India has not failed, however courts sometimes have failed arbitration in India. There is no gainsaying that judicial interference in alternative dispute resolution has often been a cure without a diseas...
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