The Guardrail, Not The Bypass: Writ Interference With Interlocutory Orders Of Arbitral Tribunals

Introduction

There is a familiar discomfort in Indian arbitration practice. An arbitral tribunal passes an interlocutory order. One party believes the order is not merely wrong, but seriously prejudicial. The instinctive reaction is to look for an immediate remedy. The Arbitration and Conciliation Act, 1996, however, does not always provide one.

That is when Articles 226 and 227 of the Constitution enter the conversation.

The difficulty is obvious. On one hand, the jurisdiction of the High Courts under Articles 226 and 227 is constitutional and cannot be erased by an ordinary statute. On the other hand, arbitration loses much of its utility if every procedural, evidentiary or jurisdictional order becomes the subject of a separate court proceeding.