Justice Shah reiterated that Supreme Court docket intervention should stay minimal and ought to be restricted to ironing out creases.
“You can not rewrite the Arbitration Act by deciphering and including one thing which isn’t there,” Justice Shah said.
On arbitrator neutrality beneath the revised IBA Tips 2024, Justice Shah famous that statutory declarations beneath Part 12 have change into mechanical.
Thakore suggested arbitrators to err on the facet of warning.
“Disclosure is best than non-disclosure,” Thakore mentioned.
Dwarkadas concluded by citing information exhibiting that tribunal composition accounts for 74.28 % of the awards set-aside by courts.
Upfront disclosure is important to defending award enforceability, he underscored.
