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Can parties appeal to the Supreme Court of India against an arbitral award?

07-Jul-2024
Arbitration

Answer By law4u team

Yes, parties can appeal to the Supreme Court of India against an arbitral award under specific circumstances and grounds as provided under the Arbitration and Conciliation Act, 1996. Here’s how the process works: Grounds for Appeal to the Supreme Court Section 34 Appeal: Parties can challenge an arbitral award in the Indian courts under Section 34 of the Arbitration and Conciliation Act, 1996. Grounds for challenging an arbitral award include: The incapacity of a party. The arbitration agreement not being valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force. The party making the application was not given proper notice of the appointment of an arbitrator or of the of under

Answer By Ayantika Mondal

Dear Client, Usually, one cannot approach the Supreme Court of India directly against the arbitral award. First, the law mandates the party to challenge the arbitral award on the ground under Section 34 of the Act. In case of dissatisfaction with the order under Section 34, an appeal may be preferred under Section 37. After having exhausted the process prescribed under the law, the party can approach the Supreme Court via a Special Leave Petition under Article 136 of the Constitution of India. The discretion of the Court to admit such petitions is exercised sparingly and generally in cases where there is an issue affecting a substantial question of law of great public importance or some serious injustice. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

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