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Although the intent of the Arbitration Act is to limit the extent of judicial intervention, the reality beckons, on the contrary to the mercy of courts all the time. The inordinate delays in domestic Arbitration scenario is attributed to the court interference and the parties themselves.
The assistance can be in one of the following ways:
1.Reference of disputes to arbitration (section 8, Arbitration Act).
2.Granting interim measures in aid of arbitration (section 9, Arbitration Act).
3. Appointing arbitrators (section 11, Arbitration Act).
4. Deciding any controversy regarding an arbitrator’s mandate (section 14, Arbitration Act).
5. Enforcing interim orders of the arbitral tribunal (section 17, Arbitration Act).
6. Assistance in taking evidence including for summoning witnesses and producing documents (section 27 Arbitration Act).
7. Penalising and punishing parties for non-compliance with orders of the arbitral tribunal (section 27, Arbitration Act).
8. Extending an arbitral tribunal’s mandate, substituting one or more arbitrators on an arbitral tribunal, or penalising the tribunal or the parties for a delay in pursuing arbitration proceedings (section 29(A), Arbitration Act).
9. Hearing challenges to an arbitral award in a setting-aside application (section 34, Arbitration Act).
10. Hearing appeals from certain decisions of the arbitral tribunal . (section 37, Arbitration Act), such as when a plea of lack of jurisdiction is accepted (section 16) or an interim measure sought of the arbitral tribunal is denied (section 17, Arbitration Act).Payment of costs to the tribunal before the rendering of an award (section 39, Arbitration Act).
11. Extension of time periods fixed by the parties for the initiation of arbitration (section 43(3), Arbitration Act).
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