LAW UPDATE
Home
Judicial Intervention Arbitration
Principle of minimal judicial intervention under Section 5 of the Arbitration Act
Exhaustive and limited grounds of challenge under Section 34
Circumscribed appellate jurisdiction under Section 37 restricted by Section 34 parameters
Prohibition against reappraisal of evidence and merits evaluation by appellate courts
Arbitral tribunal's exclusive authority over contractual construction and interpretation
The doctrine of plausible view and impermissibility of substituting alternative contractual views
Strict threshold for establishing patent illegality on the face of the arbitral award
Traceability of substantive relief to contractual powers irrespective of the specific clause invoked
Summary and non-appellate character of Section 34 and Section 37 proceedings
Preservation of arbitral finality to protect alternative dispute resolution mechanisms