Criticism of arbitration award allowed ?
Suman Kanta
(Querist) 07 May 2014
This query is : Resolved
Dear Experts,
As criticizing a Court Judgment publicly is considered as Contempt of Court but what about criticism of Arbitration award specially in Domain Name Dispute Matters, which are published on the Internet and on many occasions they maybe wrongly awarded.
I would like to know, the answer in both the scenarios, whether you are a party to a matter or as a Third party/Public ?
Suman Kanta
(Querist) 07 May 2014
Nope this is not academic... if I want to criticize an Arbitration Award as to a Domain Dispute over the Internet with which I am unhappy, though had provided proper evidence... so will that amount to any kind of offence. I am just trying to safeguard myself in asking this question !
prabhakar singh
(Expert) 07 May 2014
LIKE ANY FINAL JUDGEMENT A FINAL AWARD WOULD BE EXECUTABLE HOWEVER THAT CAN BE CRITICISED BY FAIR INTELECTUAL COMMENTS.
Devajyoti Barman
(Expert) 07 May 2014
If you prefer appeal u/s 34 of the Act, you have no option but to criticise it. I wonder why you have posted this query.
Suman Kanta
(Querist) 08 May 2014
Dear Experts, Thanks a lot for the inputs.
And Dear Mr Barman, the frustration arises out of fact that in an International Domain Name matter under UDRP, a generic Domain name was ordered to be transferred to the owner and it was also provided that an Injunction against it, cannot be filed in India but only in USA. Though the decision seemed to be biased!
Thanks again to all for your valuable time.
P. Venu
(Expert) 08 May 2014
Crticising a judicial decision does not amount to Contempt of Court if the criticism is fair and no motive is attributed or allegations made against the judicial officer . Pl. see Section 5 of the Contempt of Courts Act.
Advocate. Arunagiri
(Expert) 08 May 2014
You can criticize the judgement, but do not criticize the judge.
ajay sethi
(Expert) 08 May 2014
agree with experts
Suman Kanta
(Querist) 08 May 2014
Thanks dear experts for sharing your valuable knowledge. Highly Appreciated :)
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
If 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; or If the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or If the the arbitral award is in conflict with the public policy of India, the criticism may have justified grounds hence cannot be termed as contempt of court. As rightly observed by expert Mr. Venu, Judgments are open to criticism that must be done without casting aspersions on the judges and the courts and without adverse comments amounting to scandalising the courts;
