Purvi, LL.B, University of Lucknow, India
ABSTRACT
Arbitration can be referred as dissolution of dispute. The dispute is submitted by the parties for resolution if the parties have agreed to the process of arbitration instead of litigation. The process of arbitration has been adopted after the recommendation of the General Assembly of the United Nations. The Assembly recommended and urged the countries to use the process of arbitration to resolve disputes relating to international or domestic commercial relations. The UNICITRAL Model of Law can be modified for legislation of domestic arbitration. By arbitration process, one of the aims is to reduce the burden of cases on courts and speedy disposal of cases. The parties choose the arbitrator, who decide the case. In case a dispute arises in the appointment of the arbitrator, the matter is referred to the High Court if the dispute is of domestic commercial nature, and to the Supreme Court if the dispute is of international commercial nature. The arbitrators are chosen by the parties and they must act in furtherance of principle of Natural Justice. The power and the jurisdiction of the court in appointment of the arbitrator have changed for time to time. Many judgments have been given to determine if the power conferred to the court for appointment of the arbitrator is judicial power or administrative power. This article will deal with one such case which altered the interpretation of this power of court.
Keywords: arbitration, arbitrator, appointment of arbitrator, courts power.
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