Appointment Of Arbitrator Under Section 11 (4), (5) & (6) Of The Arbitration Act: A Never-Ending Saga Of Judicial Interpretation

Mondaq Business BriefingIndia Law Articles in EnglishLitigation (2011)

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Appointment Of Arbitrator Under Section 11 (4), (5) & (6) Of The Arbitration Act: A Never-Ending Saga Of Judicial Interpretation

Article by Vishal Bhat, Associate1

Introduction

The docket of the Supreme Court has been growing larger and larger by the year and this has been affecting its quality and efficacity in the delivery of justice. It has time and again been articulated by a number of jurists in this country that the Supreme Court should curtail its wide jurisdiction and confine itself to a set of core issues. In several cases before the Apex Court, it has often been observed that the area of controversy is limited, law well settled and does not require attention of the Apex Court of this country to decide such matter. Yet, it has time and again been noticed that the Apex Court adjudicates on the issue and delivers judgments that run into several pages where no great proposition of law requiring the attention of the Supreme Court is laid down.

One such area of concern is the field of Arbitration which is now a growing and fertile field of litigation for lawyer...

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