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Brief case: Court cannot revive arbitration

A weekly selection of key court orders

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M J Antony
Court cannot revive arbitration 

If an arbitral tribunal gives an award without giving reasons for its conclusions, a court cannot remand the matter back to the tribunal. The Arbitration and Conciliation Act does not confer power on the court to remit the dispute to the arbitrator for giving a reasoned award. This is especially so when the award has been set aside as in this case, Kinnari Mullick vs Ghanshyam Das. The dispute was between two joint owners of a prime property in Kolkata who agreed to develop the plot and sell them to prospective buyers.  One party appointed

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