Should India have an Appeal on Points of Law from an Arbitral Award?
International instruments on arbitration are typically designed to minimize the role of the judiciary. The UNCITRAL Model Law relegates national courts to a role merely ‘supportive’ in character and ‘corrective’ within the confines of Article 34. The Indian Arbitration and Conciliation Act, 1996 (“the Indian Act”) incorporates the Model Law and in particular, replicates Article 34 even for domestic arbitrations unlike some other common law countries. However, the Indian judiciary has arrogated to itself a far wider jurisdiction to review arbitral awards than was intended by Parliament. [1] The Indian position today is that, an award can be challenged if it is patently against a ‘settled position of law,’ but not if an alternative view of law is possible. [2] This position is not harmonious with the spirit of the Model Law, neither is it in keeping with common law jurisdictions like England, Canada, or Singapore. Unlike the Model Law, these jurisdictions do allow judicial supervisio...