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Asian Journal of Research in Social Sciences and Humanities
Year : 2014, Volume : 4, Issue : 7
First page : ( 75) Last page : ( 89)
Online ISSN : 2249-7315.

Judicial Intervention: Vacation of Arbitral Awards Made Under Indian Arbitration and Conciliation Act, 1996

Saber Habibi Savadkouhi*, Sadegh Habibi Savadkouhi**, Dr.  Ramesh***

*Research Scholars, International Trade Law, Department of Law, University of Mysore, India

**Research Scholars, International Trade Law, Department of Law, University of Mysore, India

***Associate Professor and Professor CUM Director, CSSEIP, University of Mysore, India

Online published on 5 July, 2014.

Abstract

Indian Courts not met the purposes for which the Arbitration and Conciliation Act of 1996 was passed. It suffered from fatal deficiencies of Judicial Intervention of Courts which clearly run the big risk of impinging upon Indian arbitration as a best and effective method among all other methods of dispute resolution. In the other word, arbitration in India practically is lost in judicial translation and the courts of law play an excessive role in arbitration. It needs a serious revision. This survey follows a descriptive research method with the purpose of examining some of discrepancies between the text of the Arbitration Act, 1996 and the judicial decisions interpreting it and appraises their possible implications on India arbitration system.

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Keywords

International Commercial Arbitration, Indian Law, The Arbitration Act, 1996, Judicial Intervention, Arbitral Awards.

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