Title: Reflections on the Judicial Approach in Arbitration Matters Concerning Government and Public Sector Enterprises
Author(s): Justice (Dr.) Kaushal J. Thaker
Journal: Indian Review of International Arbitration
This article delves into the disputes involving the government, emanating from arbitration proceedings. The focus of the article involves the Arbitration Act of 1940 and the Arbitration and Conciliation Act of 1996. Various Supreme Court and High Court judgments covering both these Acts and the modalities of the judgments have been discussed and analysed, with a focus on the evolution of the law to its present footing. The article also has a key focus on the types of challenges available under the Act of 1940 and the development of the law via judicial decisions and their incorporation in the Act of 1996 and its further amendments. The key facets under this area are the interpretation of arbitral agreements, challenges and the jurisdiction of the Court via different mechanisms.
Keywords: Appointments, Arbitral Award, Government, Judicial Intervention, Limitation Act and Public Sector Enterprises
Cite this as: Kaushal J. Thaker, Reflections on the Judicial Approach in Arbitration Matters Concerning Government and Public Sector Enterprises, 1 IRIArb 35, 35-52 (2021).
*The views expressed are of author(s) only.