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
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