The Ladder Of Appeals: Section 34 Review And The Erosion Of Arbitral Finality In India
- IJLLR Journal
- 2 hours ago
- 1 min read
Advay Burman, BA.LLB (Hons.), Jindal Global Law School
ABSTRACT
This paper critically examines how the Indian legal system deals with this paradox at the post-award stage. Firstly, this paper argues that Indian courts have converted what was formulated to be a narrow supervisory channel into a near-appellate mechanism via an expansive interpretation of the grounds for setting aside awards under Section 34 of the Act, compounded by the appellate route under Section 37. This in turn designates arbitral awards closer to the ‘first step on a ladder of appeals’ than to the final decisions they are intended to be. Thereafter the paper examines whether the proposed Appellate Arbitral Tribunal envisaged under Section 34A of the Arbitration and Conciliation (Amendment) Bill, 2024 advances institutional reforms which genuinely reforms the post-award framework.
