Analysis of Section 34 of the Arbitration and Conciliation Act – Setting Aside of Arbitral Award and Courts’ Interference: An Evaluation with Case Laws

This paper discusses in detail Section 34 of the Arbitration and Conciliation Act, 1996, and tries to understand the extent to which courts can interfere with the arbitration process since it is something that must be discouraged else it would be the end of the independence of the arbitration. The paper also delves into the finality of arbitral awards and in what cases it may be set aside as in cases of public policy.

Plea bargaining: a means to an end

This article tries to explore the origins and concept of plea bargaining and the present state of the remedy in India post the Criminal Law (Amendment) Act, 2005. It goes on to critically analyze Chapter XXIA of the Code by raising certain issues of concern with respect to the applicability and scope of certain incorporated provisions and its consequences on concerned parties. Further it brings in suggestions for a better implementation of the Amendment. The Article concludes that the amendment has been implemented in an extremely cautious manner and it is time to explore the wide possibilities that plea bargaining has to offer.