Arbitration and conciliation Act, 1996
Dushyant Pandya
(Querist) 08 March 2010
This query is : Resolved
If in a clause of contract both parties were agreed that arbitration award binding by them. In that case either party can challange arbitration award in civil court?
If yes, request to provide citations.
Parveen Kr. Aggarwal
(Expert) 08 March 2010
Yes. Arbitration award can be challenged under section 34 of the Arbitration and Conciliation Act, 1996 and in case any of the grounds provided thereunder is successfully proved then arbitration award can be set aside.
G. ARAVINTHAN
(Expert) 08 March 2010
If there is an arbitration clause formulated in the agreement between that parties, then any of the parties can file c initiate proceedings for Arbitration Actan
B K Raghavendra Rao
(Expert) 08 March 2010
Arbitration award is open for appeal. No citation is required.
Raj Kumar Makkad
(Expert) 08 March 2010
Section 34 of ibid act provides provisions for making appeal so numerous citations are available on this point.
Parveen Kr. Aggarwal
(Expert) 08 March 2010
No appeal is provided against an arbitration award. Only objections can be filed under section 34 of the Arbitration and Conciliation Act, 1996 and scope thereof is very limited.
Srinath Kondapally
(Expert) 08 March 2010
yes it can be challengedU/S.34 of Arbtn. & concl.Act,1996
Guest
(Expert) 08 March 2010
This appeal provision has been incorporated to provide an opportunity to a party, where the arbitrators have erred in appreciating an evidence on merits, as under the Arbitration and Conciliation Act, 1996, the errors committed by the arbitrators in appreciation of the evidence and on merits of the dispute cannot be corrected in the challenge, if any, to the award before the Court under Section 34 of the Arbitration and Conciliation Act, 1996 which leaves an unsuccessful party without any remedy.
MANISH SONI
(Expert) 08 March 2010
yes when their is arbitration award remedy of challenging the same u/s 34 of arbitration act in the court of district judge is alwz there. further against the order of district judge u can also go in revision before HC
