In this post, Raj Shekhar and Rishi Raj Mukherjee analyse the crucial anomaly that exists in Section 8 and 11 of the Arbitration and Conciliation Act, 1996. The article tries to analyse the scope of judicial intervention under Sections 8 and 11 of the Act while also finding a rational reason behind such differentiation.
Category: Pre-Arbitral Judicial Intervention
The Scope of Judicial Intervention in the Appointment of an Arbitrator
In the second post of our theme-based blog post series, Pranav V Kamnani article seeks to examine the scope for intervention of a court while appointing an arbitrator, the issues that a court must examine before appointing an arbitrator
and what are the issues that a court must leave to the wisdom of the tribunal in order to effectuate the principle of ‘Kompetenz Kompetenz’. Through this article, Pranav intends to shed some light to all these complex legal questions that arise during the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
RMLNLU Arbitration Law Blog 