The legislative intent while drafting the Arbitration and
Conciliation Act, 1996, was to narrow the ambit of the Courts while
considering appeals from arbitration awards. Nevertheless, one has
seen that through various precedents, the scope of the Courts has
widened with respect to challenge to an arbitration award. There
are several discussions around the jurisdiction of the Courts with
respect to Arbitration within the legal fraternity. In the past few
months, the Courts have tackled some very interesting arbitration
tribunal awards and taken a very intriguing stance on various grey
areas of law which we have covered in this months Arbitration
Newsletter.
Can an Arbitration Tribunal award damages, even though the
contract between the parties restricts such damages?
