Arbtration
R T Pandey
(Querist) 16 September 2010
This query is : Resolved
Sir,
There is an arbitration going on between residents of a housing sector floated by Haryana Urban development authority and the authority itself over enhanced land compensation to farmers whose land was acquired by the authority.My query is whether the authority can refuse to honour the verdict of the tribunal and file a case in the court if the award of the tribunal does not go in favor of the authority if yes on what grounds.(arbitration was initiated on the suggestion of Honorable high court of Punjab an Haryana )
Amita Chaudhary
(Expert) 16 September 2010
well they can challenge the same by way of objection under section-34 of the Arbitration Act unless it is a consent order before the Arbitrator. Under section-34 the grounds of challenge are very limited.
Amita Chaudhary
(Expert) 16 September 2010
section 34 reads as under for your reference;
34- Application for setting aside arbitral award.
(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and subsection (3).
(2) An arbitral award may be set aside by the Court only if –
(a) the party making the application furnishes proof that –
(i) a party was under some incapacity, or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or
(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:
Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or
(b) the Court finds that –
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or
(ii) the arbitral award is in conflict with the public policy of India.
Explanation.-Without prejudice to the generality of sub-clause (ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81.
(3) An application for setting aside may not be made after three months have elapsed from the date on which die party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had bow disposed of by the arbitral tribunal:
Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.
(4) On receipt of an application under sub-section (1), the Court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.
s.subramanian
(Expert) 16 September 2010
I fully agree with the view of Mr.Amita.
Devajyoti Barman
(Expert) 16 September 2010
Yes it can u/s 34 of the Act as elaborated above.
Sri Vijayan.A
(Expert) 18 September 2010
Yes, Award by an Arbitration Tribunal shall bind the parties of the dispute.
But the affected party can appeal/ challenge as explained
