ARBITRA June 2025 – Your Monthly Guide to Navigate the Evolving Landscape of Arbitration
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Introduction Arbitral autonomy is a defining feature of modern arbitration law, but it is not absolute. Indian arbitration jurisprudence is structured around a calibrated balance between party autonomy, finality of awards, and procedural fairness. While arbitral tribunals enjoy substantial latitude in interpreting contracts and adjudicating disputes, judicial intervention becomes necessary when tribunals depart from express contractual stipulations or compromise the […]
Read More ››Introduction The Arbitration and Conciliation Act1, despite being enacted with the legislative intent of promoting arbitral autonomy, has long been burdened by a systemic tendency toward excessive judicial intervention. This tendency is most evident under Sections 34 and 37, where courts, under the pretext of correcting procedural infirmities, often re-enter the merits of contractual interpretation. Such approaches dilute the principle […]
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