JSA Prism – Dispute Resolution (Arbitration Laws)

Supreme Court lays down circumstances under which a Court under S.34 (4) of the Arbitration Act can allow the arbitrator to resume the arbitral proceedings to give reasons or fill up the gaps in the reasoning in support of a finding already rendered in the award

In the recent case of I-Pay Clearing Services Private Limited Vs ICICI Bank Limited, the Supreme Court has held that Section 34(4) of the Arbitration and Conciliation Act, 1996 (“the Act”) can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award and the discretionary power conferred under Section 34(4) of the Act, is to be exercised where there is inadequate reasoning or to fill up the gaps in the reasoning, in support of the findings which are already recorded in the award. The Court also held that under the guise of additional reasons and filling up the gaps in the reasoning, no award could be remitted to the Arbitrator, where there are no findings on the contentious issues in the award.

For further details, please refer to the below document.

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