Scope of "Review" in Arbitration : HC Explains the Law

 

Scope of Review in Arbitration : HC Explains the Law

In one of the case, issue of review arose.

In M/s.Madhav Structural Engineering Ltd. v Maharashtra State Road Development) Corporation Limited [2013] GCtR 4353 (Bombay) it was held that "in view of the express bar provided under section 5 that notwithstanding contained any other law for the time being in force, matters which are governed by part I, no judicial authority shall intervene except where so provided in that part" and "the review is not provided in any of the provisions of Part I of the Arbitration and Conciliation Act, 1996".

Further, "the Arbitration and Conciliation Act is a self contained code and as the said Act does not provide any remedy of review, it is manifest that review could not be made." "Remedy of review is substantive remedy and would not be maintainable unless the statute/rules permits. If, the right of review is not provided and is allowed to be exercised, any order if passed would be ultra-virus and without jurisdiction."

 Written by 

Vishal

Delhi

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