Meaning
Statutory frameworks provide the legal infrastructure for the resolution of disputes outside traditional courts. In jurisdictions that have modernized their alternative dispute resolution laws, the arbitration act 2012 establishes the default rules for arbitral proceedings. It governs both domestic and international disputes where parties have agreed to submit their differences to a private tribunal.
This framework defines the limits of tribunal jurisdiction and establishes the procedural autonomy of the parties.
Statutory Scope
Party autonomy is the primary principle under this regime. Under the arbitration act 2012, parties can freely determine the number of arbitrators and the language of the proceedings. Where they fail to agree on these terms, the statutory fallback provisions apply.
This ensures that the process does not fail for want of agreement.
Judicial Intervention
Courts have limited authority to interfere in matters governed by this legislation. The arbitration act 2012 restricts judicial involvement to supportive actions such as appointing arbitrators or granting interim measures. Unauthorized intervention is explicitly prohibited to maintain the speed of the arbitral process.
Enforcement Mechanism
Arbitral awards rendered under these rules possess the same force as a court judgment. The arbitration act 2012 mandates that once an award is certified, it can be executed through standard court bailiff procedures. This provision prevents losing parties from delaying payment through meritless appeals.
