Introduction
In India, addressing the maintainability of writ petitions in
matters amenable to arbitration poses a delicate legal challenge.
It requires a careful balancing act between the extraordinary
powers granted to High Courts under Articles 226 and 227 of the
Constitution and the overarching purpose of the Arbitration and
Conciliation Act, 1996 ("Arbitration
Act").
The Arbitration Act, particularly Section 5, aims to limit
judicial interference in arbitration proceedings, allowing
intervention only in specific circumstances explicitly provided for
under the Arbitration Act. Yet, Courts have often been faced with
situations where invoking their writ powers became essential to
uphold justice. Over time, key judgments have shaped the boundaries
of this judicial intervention, establishing two core principles:
(i) the writ jurisdiction of High Courts is not ousted by Section 5
of the Arbitration Act, and (ii) such powers must be exercised
sparingly, reserved for
