Arbitration in India has not failed; judicial and govt intervention have sometimes failed it, says SC

Parmod KumarNew Delhi, June 5 -- The Supreme Court has said that arbitration in India has not failed, but that judicial interference, and at times the conduct of governments, has undermined the efficacy of the arbitral process. The Court said the role of governments in casting doubts over the viability of arbitration cannot be overlooked, particularly given its impact on the ease of doing business in India.

Cautioning against governments knocking on the doors of courts to challenge arbitral awards and prolong litigation, a Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar, in a judgment delivered on May 29, said,"Arbitration in India has not failed, however Courts sometimes have failed arbitration in India. Even the Governmen...