Appeal under Arbitration and Conciliation Act, 1996 Dismissed

 Appeal under Arbitration and Conciliation Act, 1996 Dismissed

Section 8 (3) of Arbitration and Conciliation Act, 1996 permits continuation of arbitral proceedings. Section 11 (6) of the Act permits a party to make a request to High Court. Section 37 (1) of the Act talks about appeal to the Court. Certain provisions of Part 1 of the Act are also applicable to international commercial arbitration.

In the case citation [2016] GCtR 3100, the arbitral award was passed which became the subject matter of challenge. The litigation finally ended with the appeal filed under S.37 of the Act, 1996 getting dismissed. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957. 

Arbitral Award Upheld : Petition Challenging the Arbitral Award Dismissed

Arbitral Award Upheld : Petition Challenging the Award Dismissed 

Arbitration and Conciliation Act, 1996 states in S. 2(a) that “arbitration” means any arbitration whether or not administered by permanent arbitral institution. Section 7 (1) of the A& C Act, 1996 says that in Part 1, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. Section 27 (1) of Arbitration and Conciliation Act, 1996 says that the arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence.

In the case citation [2023] GCtR 730, which dealt with an issue related to Arbitration and Conciliation Act, 1996, the petition challenging the arbitral award has been dismissed and the arbitral award has been found to be justified. 

The Arbitrator had partly allowed the claim of the claimant in the arbitral proceedings. The party which had challenged the award had argued that the award is perverse and illegal. 

After looking at the law laid down in Associate Builders v DDA [2014] GCtR 1661 (SC), one can get useful lessons in [2023] GCtR 730 on what is to be done by arbitrator to pass an award which can pass judicial scrutiny. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.