PERSPECTIVE

According to me, even at the time of the appointment of an arbitrator the courts go into the integrity of the entire matter. What was the conduct? What dispute has arisen between the parties? Whether there is any dispute between the parties. The parties also challenge the jurisdiction of the arbitral tribunal in courts when there is a specific provision in the Act, that you can challenge the arbitrator’s jurisdiction before the arbitrator. The courts must try and stay away from interfering in the arbitration procedure as this is the best approach and will help in the long run. It would also be a wise step for us to have two sets of enactments for domestic and international arbitration matters, respectively