Powers under Section 17, Arbitration Act have come at par with those under Section 9 after an amendment. However, Section 17 powers of arbitral tribunals do not carry the same impact as those of courts under Section 9.
The Act currently does not contain provisions about confidentiality. The Law Commission considered whether the Act should provide a default rule that arbitrations are confidential, with a list of exceptions.
Justice Gita Mittal said that even if parties are not able to resolve disputes through mediation and continue with litigation, the tension in the courtroom thereafter was visibly reduced.