INDORE INSTITUTE OF LAW

SUBJECT- ALTERNATE DISPUTE

RESOLUTION
TOPIC- STUDY ONCOURT SUPPORT
FOR ARBITATION IN ITS STAGES:
BEFORE,PENDING AND AFTER
ARBITAL AWARD

SUBMITTED TO – Ms Aprajita Verma

SUBMITTED BY- Amartansh Pratap singh
Meaning of court
Under section 2(1)(e)
1. In the case of an arbitration other than international
commercial arbitration, the Principal Civil Court of original
jurisdiction in a district, and includes the High Court in exercise
of its ordinary original civil jurisdiction, having jurisdiction to
decide the questions forming the subject-matter of the arbitration
if the same had been the subject-matter of a suit, but does not
include any Civil Court of a grade inferior to such principal
Civil Court, or any Court of Small Causes;
(ii) In the case of international commercial arbitration, the High
Court in exercise of its ordinary original civil jurisdiction,
having jurisdiction to decide the questions forming the subject-
matter of the arbitration if the same had been the subject-matter
of a suit, and in other cases, a High Court having jurisdiction to
hear appeals from decrees of courts subordinate to that High
Court
The extent of the jurisdiction of the court is defined
under Section 5 of Arbitratiion and Concilliation Act,
1996 which states that -
Notwithstanding anything contained in any other law
for the time being in force, in matters governed by this
Part, no judicial authority shall intervene except where
so provided in this Part.
An arbitration agreement is a contractual undertaking
by which the parties agree to settle certain disputes by
way of arbitration rather than by proceedings in court.
When a dispute arises however, one of the parties may
nevertheless commence court proceedings either
because he challenges the existence of validity of the
arbitration agreement or because he means to breach
it.  Now judicial authority has not been defined under
the Act. However, under Black`s Law Dictionary Judicial
authority means "the power and authority appertaining
to the office of a judge; jurisdiction; the official right to
hear and determine questions in controversy.
BEFORE THE ARBITRAL AWARD
The court can intervene before the
arbitral award under:
Power to refer to arbitration under
section 8,45 and 54
Interim measures under section 9
In under section 8 the expression
‘Judicial Authority” instead of ‘Court’ has
been used obviously with the object of
widening the scope of the applicability
of the provisions of the Act with respect
to parties who have entered into an
arbitration agreement.In Fair Air
Engineers Pvt Ltd., V. NK Modi the
Supreme Court held that the District
Forum, the State Commission and the
National Commission constituted under
the Consumer Protection Act 1986 are
all included in ‘Judicial Authority’ for the
purpose of section 34 of the Arbitration&
Concilliation Act, 1996.
DURING THE PENDENCY
Appealable orders under section 37 with
respect to section 8 & 9
Appointment of Arbitrators under
section 11
Challenge to Arbitrator & Procedure to
challenge under section 12 & 13
Termination of mandate of arbitrator
under section 14
Seeking Courts assistance with regard
to Witnesses & Contempt Proceeding
under section 27
Regime for costs under section 31A
AFTER THE ARBITAL AWARD IS
GIVEN
Under this Act, the court can intervene
after the award is given under following
conditions

Challenging the arbitration awards under

section 34
Enforcement of awards under section 36
Appealable order under section 37 w.r.t
section 34
Lien on arbitral award under section 39
CONCLUSION
CONCLUSION
Arbitration is a trending dispute resolution mechanism
in India which has undergone sever amendment in its
functioning and effectiveness. The potential
applicability of the above mentioned amendments is
still a contention that is being raised. However, there
seems to be irregularity in the intention of the
legislature while making such amendments with
respect to the spirit of the Act. While on one hand,
there have been amendments in Section 8, Section 9
and Section 17 that reduce the scope of judicial
intervention to a large extent and uphold the
supremacy of the arbitration tribunals in the arbitration
regime This to a certain extent retains judicial
influence on the arbitration proceedings and a
dependency of the tribunals on the courts to avoid any
injustice in the proceedings and award given.
THANK YOU