Testing the waters of remission: Identifying preferable legal tests to remit an award. English and Indian Approaches

Încercând apele retrimiterii: Identificarea testului juridic preferabil pentru a retrimite o hotărâre arbitrală. Abordările din dreptul englez şi India

Kriti SRIVASTAVA, LL.M.

ABSTRACT

The finality of arbitration awards is one of the foundational principles of arbitration. However, with parties seeking setting aside of the award, recognition and enforcement of the award are often in jeopardy. To retain the essence of the arbitration process, the remission of an award by the national court to the arbitral tribunal is the lesser evil.

The article aims to identify preferable and appropriate legal tests that national courts of UNCITRAL Model Law States and other jurisdictions may use as guidance when considering remitting an award. Based on the critical analysis of the identified legal tests in England and India, two preferable and appropriate legal tests for remission have been...