Validity of Arbitration Award - amicable settlement between the ...

Courts Balance Arbitration Award Clarification with Legal Soundness Under Arbitration and Conciliation Act, 1996.

January 6, 2022

Case Laws Indian Laws SC

Validity of Arbitration Award - amicable settlement between the parties - A harmonious reading of Section 31, 34(1), 34(2A) and 34(4) of the Arbitration and Conciliation Act, 1996, make it clear that in appropriate cases, on the request made by a party, Court can give an opportunity to the arbitrator to resume the arbitral proceedings for giving reasons or to fill up the gaps in the reasoning in support of a finding, which is already rendered in the award. But at the same time, when it prima facie appears that there is a patent illegality in the award itself, by not recording a finding on a contentious issue, in such cases, Court may not accede to the request of a party for giving an opportunity to the Arbitral Tribunal to resume the arbitral proceedings - SC

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Validity of Arbitration Award - amicable settlement between the ...

Courts Balance Arbitration Award Clarification with Legal Soundness Under Arbitration and Conciliation Act, 1996.

January 6, 2022

Case Laws Indian Laws SC

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