ARBITRATION AWARD CANNOT BE REMANDED TO THE TRIBUNAL SUO MOTO
Keywords:
Arbitration, procedural law, arbitral tribunalAbstract
Arbitration is private mechanism for resolving commercial disputes, the courts still exert power to supervise the arbitration and have the power to even set aside an arbitration award on the grounds provided in the procedural law of the country. After an arbitration award is pronounced if a party is resentful about it and approaches the supervising court challenging the award, the court may allow the application and set aside the award, reject the application to set aside, make certain alternations while upholding it or remand the award to the arbitral tribunal for reconsideration of legal and factual issues. This articles further will discuss the powers and limitations of the court while remanding the arbitration award to the arbitral tribunal (Under Indian law) Arbitration and Conciliation Act was passed for the main purpose of defining the scope of jurisdiction of the arbitration tribunals. The act also seeks to limit the power of the courts to interfere with arbitration awards. The recent judgement by the Supreme Court is on the lines of the motive to restrict the power of the court in interfering with the arbitration award. The two cases have made it clear that section 34 clause 4 of Arbitration and conciliation act should be interpreted in a way that the courts do not have any power to send the case back to the arbitration tribunal without any application from a party provided that the court deems it fit for sending it back to the arbitration tribunal.
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