Arbitral award remand for unexamined grounds after appellate court considered only limited challenges to setting aside

The Supreme Court remitted the matter to the High Court because the Division Bench had examined only two grounds for setting aside the arbitral award, while several other grounds relied on by the Single Judge had not been considered. Those remaining grounds were capable of independently sustaining or reversing the setting aside of the award, so they had to be decided first. The High Court was directed to undertake fresh consideration of those unresolved grounds.

---

---

Issues: Whether the appeals should be remitted to the High Court for consideration of the remaining grounds on which the arbitral award had been set aside.

Analysis: The Division Bench had dealt only with two questions, namely the validity of the reference to two arbitrators and the effect of the absence of reasons in the award. The order under appeal noted that the learned Single Judge had set aside the award on several other grounds as well, which had not been examined by the Division Bench. As those grounds remained open and could independently sustain or undo the setting aside of the award, it was considered proper in the interest of justice that the High Court should first determine them.

Conclusion: The appeals were remitted to the High Court for fresh consideration of the other grounds not addressed by the Division Bench.

---