live law consumer Arbitration trust ombudsman

Not everyone takes defeat in their stride.  So whenever an arbitral award goes against one of the parties to the dispute, he seeks a way of setting it aside. An award can be set aside only on the grounds mentioned in the Arbitration and Conciliation Act, 1996. Earlier arbitration in India was lengthy and complex affairs. The arbitral process was also largely dependent on individual arbitrators due to a lack of formal rules and the fact. Arbitrations were also plagued with uncertainty because of various judicial decisions which expanded the scope of challenges to awards and judicial interference in the arbitral process. This uncertainty led to lengthy court proceedings arising from arbitrations and further ambiguity regarding the means by which final awards could be executed. These drawbacks hindered arbitration as an effective means of dispute resolution. Setting aside of an award under  Section 34   of the Arbitration and Conciliation Act, 1996 : An award can be set...

Two  execution  petitions ( Execution  Petition No. 35 and 36/2004) were filed by Shri Anurag Malik and Smt. Kamlesh Malik both for  execution  of the  arbitr al  award  dated 03.06.2001. The objections against the  arbitr al  award  were filed in the  execution proceedings by Shri Amit Malik (appellant herein). The objections of Shri Amit Malik against the  arbitr al  award  in question are to the following effect: (i) No copy of the  award  which has been registered was served on the respondent and thus the occasion to file any objection under Section 34 of the Act did not arise; 11. We have gone through the  arbitr al  award  dated 03.06.2001 and we are in complete agreement with the above reasonings given by the learned Single Judge regarding supply of copy of the said  award  to the appellant. The appellant has not disputed that the  arbitr al  award ...

What is procedure for execution of arbitration award?  In view of what has been stated above, when an application under section 36 is filed before any principal civil court of original jurisdiction, it is duty bound to find out:- (i) whether it has territorial jurisdiction to decide questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, and if so (ii) whether period for filing application for setting aside the arbitral award under section 34 of the Act has expired, and if so (iii) whether such an application has at all been filed, and if so (iv) whether such application on being filed has already been refused; then and then only, the court can proceed to enforce the award as if it were a decree of that court. But if it is found that it does not have jurisdiction to decide questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, in that event, it cannot go for enforcing th...