Supreme Court Upholds Justice in Arbitration Process
The Supreme Court emphasizes the vital role of access to justice in democratic governance. It ruled on an application regarding the extension of an arbitrator's mandate under the Arbitration and Conciliation Act, 1996, highlighting the importance of efficient, fair, and accessible legal remedies in dispute resolution.
- Country:
- India
The Supreme Court underscored the importance of access to justice as a cornerstone of democratic governance. In a significant ruling, a bench comprising Justices P S Narasimha and A S Chandurkar declared that extending an arbitrator's mandate remains legitimate under specific provisions of the Arbitration and Conciliation Act, 1996, even post-award issuance.
The judgment answered a crucial legal question—can a court extend an arbitrator's mandate through section 29A(5) of the Act after the statutory time limit lapses? The court asserted its duty to ensure judicial remedies are accessible, financially viable, and effectively administered.
Arbitration's efficacy is tied to its expeditious process, allowing parties autonomy in selecting arbitrators and proceeding methods. However, as the statute permits, the courts retain the power to intervene to ensure disputes reach a logical conclusion, safeguarding the constitutional mandate for justice.
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