ARBITRATION LAW: A FEW MUSINGS

Arbitration law in India was introduced as a measure of an alternate dispute resolution mechanism.

- Adv Sherry Samuel Oommen

 The said law was introduced as it was found that a number of years were lost whilst a matter was under consideration by the Civil Courts. While the intention was indeed noble, the actual reality has been quite different. The process of appointing an Arbitrator by the concerned High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) has also contributed its share in protracting arbitration proceedings. In a recent judgment, the Hon’ble Supreme Court in the case of Shree Vishnu Constructions Vs The Engineer in Chief, Military Engineering Service & Others (MANU/SCOR/34881/2022), with a view to ensure that a litigant does not lose faith in the justice delivery system of the country, issued the following directions which are indeed welcome:

“In that view of the matter, we request all the Chief Justices of the respective High Courts to ensure that all pending applications under Sections 11(5) and 11(6) of the Arbitration Act and/or any other applications either for substitution of the arbitrator and/or change of arbitrator, which are pending for more than one year from the date of filing, must be decided within six months from today. The Registrar General(s) of the respective High Courts are directed to submit the compliance report on completion of six months from today. All endeavours shall be made by the respective High Courts to decide and dispose of the applications under Sections 11(5) and 11(6) of the Arbitration Act and/or any other like application at the earliest and preferably within a period of six months from the date of filing of the applications.”