Description

The UNCITRAL Model Law on International Commercial Arbitration, 1985, (the “1985 Model Law”) with amendments, has served as the blueprint for the Indian Parliament in enacting the Arbitration and Conciliation Act, 1996 (the “1996 Act”), which is a near adoption of the 1985 Model Law, albeit with some significant deviations and modifications. The 1985 Model Laws sets the tone that ‘in matters governed by this law, no court shall intervene except where so provided in this law’ 1 . The main object of this provision is to determine whether the award has become final and binding and is enforceable in law. Article 34 of the 1985 Model Law further provides the basis for annulment of arbitral awards. It is focused primarily on procedural and jurisdictional issues.