In this issue of Arbitration Case Insight, we highlight brief facts on how Air Liquide North India Private Limited (“Respondent”) entered into a Sales and Purchase Agreement (“Agreement”) wherein it was supposed to supply Liquid Oxygen and Liquid Nitrogen to Inox Air Products Private Limited (“Petitioner”).

Further, the insight draws attention to the issue on whether the invocation of Section 34(4) of the Act by the Respondent for eliminating the ground of challenge to the Award by remanding the matter to the Tribunal, justified in light of the facts and circumstances of this case.

This was followed by an in depth analysis of the judgement where as is evident from this case, there is no dearth of precedents on the legal recourse that can be taken under Section 34(4) of the Act but the Court was crystal clear in reiterating that consideration of the material left out at the first instance would be effective only if the Tribunal had the jurisdiction to reconsider or alter the ultimate award, which is not the case.

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