Judicial Intervention in International Arbitration

Judicial Intervention in International Arbitration

Volume 2 Issue 4 ()

Domestic laws of different countries adopt varying approaches
on how much power of adjudication can be vested in tribunals
which function outside the States’ monopoly in administering
justice. This is reflected in varying positions adopted in
different jurisdictions on the permissibility and scope of
intervention by domestic judiciary in international commercial
arbitrations. Indian judiciary has taken an expansionary
stance in respect of its power of intervention. This article
analyses this expansionary outlook of the Indian judiciary in
the context of interim measures and argues that the same poses
a hindrance to the growth of the institution of international
commercial arbitration in India.

Cite as: Rukmini Das & Anisha Keyal, Judicial Intervention in International Arbitration, 2 NUJS L. Rev. 585 (2009)