ROLE OF JUDICIARY IN ADR

Abstract

India is a country enriched with abundant natural resources and an enviable demographic dividend wanting only in availability of capital to propel the country on a path of unbridled economic growth. To attract invest from around the globe it is imperative to promote ease of doing business of which the judicial mechanism on settlement of disputes plays a vital role. To take care of that, Arbitration has been introduced in the Indian Legislative Judicial System. Although the provisions on the same have been around since 1940, it is in the recent years that Commercial Arbitration has received increased impetus to ensure that the disputes are resolved in a time bound manner aimed at reaching a decision that pays heed to the economic and judicial interests of the parties involved. With the benefits apparent over the traditional court system, arbitration is steadily becoming the preferred system of dispute resolution however being a relatively nascent mechanism, training and research in this arena is under developed.

This paper discusses the legal provisions that allow for undue judicial interference in the ADR Mechanism with reference to relevant cases where the same has been brought to attention.