Acquiescing Paternal Encroachment Judicial Inroad in the Arbitral Code
Volume III, Issue V, 2020
The author has attempted to portray the realities of the ADR mechanism in India. The alternative dispute resolution machinery is plagued by various troubles which have been highlighted in the article. Emphasis is placed on the legislative intent on enforcement of arbitral law and the reasons as to why it is frustrated. The flaws and drawbacks of the Act and its adverse effects are underlined. The intertwining and similarities between the ADR and judiciary are striking; this has caused severe problems and has shaken the very foundation of ADR. The author calls for cohesive action plan to overcome these obstacles.
Keywords: Arbitration, arbitral tribunal, Arbitration and Conciliation Act, Judicial interference, legislative intent.