Remand of the Matter to Arbitrator
1 U/s 34(4) the matter may be remanded for the limited purpose of complying to requisites of valid Award but cannot be for modification of Award.
2 U/s 34, on the consent of both the parties, the Court may remand the matter to the same Arbitrator for passing fresh reasoned Award.
3 U/ss 34 or 37, a matter may be Remanded to the same Arbitrator for fresh Arbitration or for fresh decision, at the Consent of both parties and not otherwise.
4 U/s 34 Jurisdiction, the Courts have power to recalculate compensation so awarded; and may remand back the matter to Arbitrator for Recalculation only.
5 The Courts u/s 34(4) cannot Remand the matter to Arbitrator to consider or reconsider a material Evidence which would have the effect of altering the operating part of the Award.
6 Once the Court, in exercise of powers u/s 34, have set aside the Award, it cannot remand back u/s 34(4).
7 The matter was remanded to the Arbitrator with the direction to decide afresh the compensation, in accordance to mandate of Law u/s 3G(7) of National Highways Act.
8 It is the discretion of Court exercising jurisdiction u/s 34, to Remand matter to Arbitrator u/s 34(4); and not merely because Application u/s 34(4) is preferred.
9 When there are no findings on contentious issues, which is itself a ground to set aside the Award, the matter cannot be remanded u/s 34(4) to cure this defect.