Arbitration and Courts - A Confluence

There is abundant material on purpose, intent and resolution of the legislature when the Arbitration and Conciliation Act, 1996 ("the Act") was enacted. There is also adequate information on the amendment to the Act in 2015. Over two decades, since the time the Act has come into effect read with amendments from time to time, arbitration undeniably has evolved to a great extent.

There is an internationally accepted principle in arbitration of "kompetenz-kompetenz"¹ to enable the arbitrators to rule on their own jurisdiction. The said principle though not applicable with same vigour across the world, the concept of the same is absolute alien in India. This article seeks to highlight how over a period of time a balance has been created vis-à-vis judicial intervention and arbitration.