Power Of Arbitral Tribunal To Grant Declaratory Relief

Introduction:

Declaratory relief, also known as declaratory award or declaration, is one of the remedies available to the parties, essentially of the nature of a statement made by the court/tribunal at the prayer of a party. This form of remedy neither directs a party to perform/omit certain acts nor does it create/ends any party's rights or legal relationships. Declaratory relief is a form of specific relief which does not confer any new right but rather establishes a legal position definitively and has a binding effect on the parties.

Chapter VI of the Specific Relief Act, 1963, under section 34, contains a provision regarding declaration. The scope of this section is to provide a perpetual relief against the adverse strikes on the rights and title of the claimant. This legal relief is granted in order to circumvent the multiplicity of disputes and to steer clear of the clouds over the legal rights of a licit party.