Section 5 Arbitration Act 1996 (EXTENT OF JUDICIAL INTERVENTION) limits court intervention:
Answer & Solution
Correct answer: C.
1. Section 5 Arbitration and Conciliation Act 1996: '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.'
2. This embodies the PRINCIPLE OF MINIMUM JUDICIAL INTERFERENCE in arbitration — a cornerstone of modern arbitration law.
3. SCHEME of Act:
4. (i) Judicial role at THRESHOLD: appointment (Section 11), interim measures (Section 9), referral (Section 8);
5. (ii) DURING arbitration: minimal — only specific situations;
6. (iii) POST-AWARD: setting aside (Section 34), enforcement (Section 36).
7. The 2015 Amendment further reduced judicial interference (e.g., narrowing patent illegality).
8. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 5_
Related questions
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