JUDICIAL INTERVENTION IN INTERNATIONAL ARBITRATION: A CRITICAL ANALYSIS POST-ARBITRATION AND CONCILIATION(AMENDMENT) ACT, 2015 AND ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019

AUTHOR – M.D. KISHAN, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – M.D. KISHAN, JUDICIAL INTERVENTION IN INTERNATIONAL ARBITRATION: A CRITICAL ANALYSIS POST-ARBITRATION AND CONCILIATION(AMENDMENT) ACT, 2015 AND ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 891-901, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s arbitration landscape has changed significantly over the past decade. After years of courts expanding their reach into arbitration proceedings—often frustrating the core promise of arbitration as a swift and final alternative to litigation—Parliament intervened through the Arbitration and Conciliation (Amendment) Acts of 2015 and 2019. This article critically examines how these two amendments have reshaped the scope and nature of judicial intervention in international commercial arbitration in India. Beginning with the foundational principles of minimal judicial intervention that underpin modern arbitration law, the article traces the evolution of Indian courts’ approach through landmark Supreme Court decisions. It then analyses the specific changes introduced by both Amendment Acts—covering jurisdiction, interim relief, appointment of arbitrators, challenge and setting aside of awards, and enforcement—against the backdrop of actual judicial practice. The article argues that while the amendments have brought Indian law closer to international standards, significant challenges persist. Courts continue to interpret broadly in areas such as public policy and arbitrability, and institutional gaps slow down intended reforms. The article concludes by recommending a more self-disciplined judicial approach, stronger institutional infrastructure, and legislative clarity to achieve India’s goal of becoming a preferred seat for international arbitration.

Keywords: Judicial Intervention, International Arbitration, 2015 Amendment Act, 2019 Amendment Act, Public Policy, Seat of Arbitration, Arbitrability, Institutional Arbitration.