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Report No. 176

1.4 Necessity to adhere to the objectives of speedy disposal and least court intervention.

It is, therefore, necessary to bear in mind that the proposed amendments do not result in permitting parties to prolong the arbitration proceedings unnecessarily. While considering the need for amendments, the Commission has therefore not deviated from this main objective of the Act except to the extent that the UNCITRAL Model has itself permitted intervention, such as where issues going to the root of the arbitration proceedings are decided.

While dealing with such exceptional issues, the Commission has also kept in mind the manner in which the new statutes in other countries, which have adopted the UNCITRAL Model either wholly or partly, tackled the issues and the manner in which they have balanced the objectives of least court intervention and the final disposal of preliminary questions which go to the root of the arbitration proceedings, by way of appeal to the court.

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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