Section 34 Arbitration Act does not impose obligation on court to remit matter to arbitral tribunal: Supreme Court

The Court opined that the provision itself clarified that the decision to remit a matter to the tribunal was discretionary and the words “where it is appropriate” spelt this out.
Supreme Court of India
Supreme Court of India

Section 34(4) of the Arbitration Act does not impose any obligation on the court to remit a matter to the arbitral tribunal for resuming arbitral proceedings, the Supreme Court held on Monday [IPay Clearing Services Private Limited v. ICICI Bank Limited].

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