Principle of Judicial Non-Interference - Indian Laws - General

Principle of Judicial Non-Interference The principle of judicial non-interference in arbitral proceedings is fundamental to both domestic as well as international commercial arbitration. The principle entails that the arbitral proceedings are carried out pursuant to the agreement of the parties or under the direction of the tribunal without unnecessary interference by the national courts., Gary Born, The Principle of Judicial Non-Interference in International Arbitration Proceedings (2009) 30 University of Pennsylvania Journal of International Law 999, 1002. This principle serves to proscribe judicial interference in arbitral proceedings, which would undermine the objective of the parties in agreeing to arbitrate their disputes, their desire for less formal and more flexible procedures, and their desire for neutral and expert arbitral procedures., Gary Born, International Arbitration Law and Practice (3rd ed, 2021) 2361 The principle of judicial non-interference in arbitral proceedings respects the autonomy of the parties to determine the arbitral procedures. This principle has also been incorporated in international instruments, including the New York Convention, Article II(3), New York Convention and the Model Law. Article 5 of the Model Law emphasizes on arbitral tribunal being the first instance to determine all issues relating to matters of law or construction as well as issues of jurisdiction and scope of authority., Rio Algam v. Sammi Steel Co., Ontario Court of Justice, Canada, 1 March 1991, [1991] O.J. No. 268 It exclusively determines the manner and form of judicial intervention in the arbitration process. National courts can intervene with respect to matters not expressly governed by the Model Law., Richard Garnett, Article 5 of the Model Law: Protector of the Arbitral Process? (2021) 38(2) Journal of International Arbitration 127-146. Two aspects become clear from a comparison of Section 5 of the Arbitration Act with Article 5 of the Model Law: first, Section 5 begins with a non-obstante clause unlike Article 5; and second, it limits the scope of judicial intervention to the extent so provided in Part I. IN RE. : INTERPLAY BETWEEN ARBITRATION AGREEMENTS- [ 2023 (12) TMI 897 - SUPREME COURT (LB) ]