Originally From:
The Asian Leading Arbitrators' Guide to International Arbitration - Hardcover
The Asian Leading Arbitrators' Guide to International Arbitration - Electronic
CHAPTER 13 - Preview Page
JUDICIAL SUPERVISION AND
INTERVENTION:
Before or During Arbitral Proceedings Under the Uncitral Model Law of Commercial Arbitration 1985 and Under the New Indian Law – the Arbitration and Conciliation Act 1996.
Fali S. Nariman*
I. INTRODUCTION
At the Centennial Conference of the London Court of International Arbitration (LCIA) Jean-Louis Delvolvé (a Court Member) presented a stirring piece titled “The Fundamental Right to Arbitration”:1 his theme was that the time had come to proclaim arbitral freedom as a fundamental principle, to be constitutionally guaranteed in every State. He gave a homely example to illustrate the point –
“In the same way as no-one is obliged to travel by train in a country where the State provides a public railway service if one has the benefit of a means of transport which is better adapted to one’s needs (and even if the trains run on time!); so no-one should be obliged to submit himself to even the
most diligent of State Courts, should he and his adversary both consider that a private judge would be more appropriate to decide their disputes.”
About the Author:
Fali S. Nariman is a Senior Advocate, Supreme Court of India, and President of the Bar Association of India. He has served as Chair and as a Member of International Arbitral Panels - particularly of ICSID. He was Vice-Chairman of the International Court of Arbitration of the ICC, Paris from 1989 to December 2005 and was Chairman of ICCA (International Council for Commercial Arbitration) for two successive terms from 1994. Since May 2002 he is an Honorary Chairman of ICCA. Awarded the Padma Bhushan in January 1991 for recognition of “distinguished services in the field of Jurisprudence”, he has served as a Nominated Member of Parliament for a full six year term (November 1999 - November 2005). On January 26, 2007 he was awarded the Padma Vibhushan (the second highest Civilian Award) for recognition of “exceptional and distinguished services in the field of Public Affairs”.
