Principle Of Minimum Judicial Interference In Arbitration Proceedings: Case Analysis Of Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd. & Anr.

INTRODUCTION

Arbitration, one of the methods of Alternate Dispute Resolution (ADR), was first introduced in India through the Arbitration Act, 1940. Later, after taking into consideration international models like the UNCITRAL Model Law on International Commercial Arbitration, arbitration in India was standardized and institutionalized through the Arbitration and Conciliation Act, 1996 (Act). Over the years, several amendments have been made to the Act. At the time when the Act was enacted, arbitration was gaining popularity as a means of dispute resolution mechanism as an alternative to litigation in India. The courts were overburdened with excessive load of cases and the Act attracted parties to this alternative to traditional route of litigation. The Act ensured to incorporate provisions that limit judicial interference in the dispute resolution process to achieve a two-fold purpose, first, to provide some relief to the already overburdened courts and second, not