A Court Deciding ‘Section 34’ Petition Has No Jurisdiction To Remand The Matter To Arbitrator For Fresh Decision
In RADHA CHEMICALS vs UNION OF INDIA, the Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision.
The bench set aside a Calcutta High Court order that remanded the matter to the arbitrator in order to decide the point of limitation afresh. The division bench of the high court had affirmed the single bench order of remand.
Article referred: https://www.livelaw.in/a-court-deciding-section-34-petition-has-no-jurisdiction-to-remand-the-matter-to-arbitrator-for-fresh-decision-reiterates-sc-read-order/
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