• Arbitration Law

    Supreme Court Re-iterates, Court Cannot Remand Matter Back to The Arbitral Tribunal Under Section 34

    The Hon’ble Supreme Court of India has, in the case of Radha Chemicals v. Union of India held that in deciding a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”), the Court has no jurisdiction to remand the matter back to the arbitral tribunal for “fresh consideration”. This buttresses the practices developed to this effect by various high courts that have many a times erroneously treated arbitral proceedings in the same manner as civil suits.   Facts of the Case In this case, the Appellant, M/s Radha Chemicals was a supplier of goods to the Union of India. When the disputes arose, the Appellant…

  • Arbitration Law

    Arbitration and Conciliation (Amendment) Bill, 2018: Yet Another Paradigm Shift

    The Arbitration and Conciliation Act, 1996 (“ACA”) has played a monumental role in raising the standard and accessibility of dispute resolution in India to the point where it forms part of wide ranging agreements, commercial or not, as the first means of resolving dispute between parties. What may go unnoticed is the relative frequency with which the ACA has seen amendments to its core stipulations, in the pursuit of establishing a holistic arbitration regime in India. One such substantial development comes in the form of the Arbitration and Conciliation (Amendment) Bill, 2018 (“Bill”) which seeks to usher the ACA in to the age of institutional arbitration, in a development that will…

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