Why is the role of Article 136 intervention being debated in arbitration processes
Explain how the interpretation and application of Article 136 in interventions are affecting the arbitral process according to Dhankhar.
1. The role of Article 136 intervention in arbitration is debated due to differing interpretations of its scope and implications by various stakeholders.
2. The interpretation and application of Article 136 can affect the arbitral process in several ways, as highlighted by Dhankhar:
- Article 136 grants courts the power to intervene in arbitration proceedings, raising concerns about judicial overreach and interference in arbitrations.
- Some argue that excessive court interventions may undermine the autonomy and effectiveness of the arbitral process.
- The uncertainty surrounding the limits of court intervention under Article 136 can lead to delays and procedural complexities in arbitrations.
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2 months ago