Justice Raveendran additionally raised issues over inconsistent Supreme Courtroom rulings on arbitration. He stated
“We have now 37 judges. We have now 17 benches. We do not need one single Supreme Courtroom. We have now 17 Supreme Courts.”
He stated outcomes may rely on the Bench earlier than which a case was positioned, including that modifications in authorized place by completely different Benches have been inflicting issues.
Justice Raveendran significantly flagged the widening use of “patent illegality” as a floor to intrude with arbitral awards. He stated that beneath a strict strategy, interference ought to come up solely in distinctive conditions.
Nevertheless, Supreme Courtroom was repeatedly altering the bounds of permissible intervention in arbitral awards. This affected decrease courts, arbitral tribunals and each social gathering who has entered into an arbitration settlement, Justice Raveendran stated.
“It causes chaos and confusion and uncertainty” he remarked.
On the identical time, he stated courts alone couldn’t be blamed for judicial interference. Arbitrators too had to enhance the standard of their awards.
“If we would like courts to train restraint, we should additionally ask the arbitral tribunals to behave with extra accountability.”
He stated tribunals should observe contractual phrases, contemplate materials proof, tackle vital submissions and provides correct causes.
