Is an arbitration award copy a document???
Divya
(Querist) 14 November 2012
This query is : Resolved
Dear Sir / Mam
Can I say that an arbitration award (mainly award copy) is a DOCUMENT?????
…I am being specific to term it as a document as a document can be held to be a void document (I don’t want to say that it’s a void award)…
If a void document is attached to execution proceedings, the proceedings don’t stand…
Also if I lay emphasis on the word ‘document’, then I can co-relate with Contract Act, Relief Act & other acts which emphasize with the word ‘document’
Thankyou
Adv ramesh chheda
(Expert) 15 November 2012
hi
Arbitratio is not a document but it is a judicial award which can be used only for only in judicial proceedings. It gets its value only when u apply for execution else has no value.
R.K Nanda
(Expert) 15 November 2012
academic query only.
Arun Kumar Bhagat
(Expert) 15 November 2012
Can I say that an arbitration award (mainly award copy) is a DOCUMENT?????
Ans: Obviously , then what it is ?
…I am being specific to term it as a document as a document can be held to be a void document (I don’t want to say that it’s a void award)…
Ans: Void document ? what is this ?
If a void document is attached to execution proceedings, the proceedings don’t stand…
Ans: Where from you got this legal principle?
Also if I lay emphasis on the word ‘document’, then I can co-relate with Contract Act, Relief Act & other acts which emphasize with the word ‘document’
Ans: One is always free to explain the word defined in any law.
Divya
(Querist) 15 November 2012
Sir,
The thing is that we were never given any notice of arbtn by a private arbitrator...award copy was sent to a fake address & bank has led their own evidence by attaching postal receipt which shows their fraud....Bank comes to district court for execution by attaching the award...everything was discovered later when I investigated...
So for me its not an award, but just a document...Void because fraud nullifies each acts & renders it void...If a document a void, i dont need any suits/actions to set it aside...but if i consider as a legitimate award then i need to set it aside...there are many apex court decsns that setting aside award happens only when i receive award copy....i didnt get any award copy, hence i have to explain to court that its a mere document. ()
Raj Kumar Makkad
(Expert) 15 November 2012
This shall be a called a voidable document.
Dr V. Nageswara Rao
(Expert) 16 November 2012
1. There is absolutely no doubt that the arbitration award is a document as defined in IE Act and IPC.
2. You seem to have a lot of confusion about "void" document and award.
3. An award cane be set aside under S. 34 of the Arbitration and Conciliation Act.
Anirudh
(Expert) 16 November 2012
Dear Divvya,
An Award is an Award. Your calling it a 'document' will in no way change its character.
It is not clear as to What is 'fake address'? How do you know that it was sent to any such 'fake address'?
The postal receipt will not indicate the 'address', it will only show the 'name of the addressee' and the station.
Further more, the Award itself will contain the full name and address of the parties. Do you mean to say that the address indicated in the Award is 'wrong'? And the said address has nothing to do with you at any point of time?
If that be so, then the Arbitral proceedings had been conducted behind your back, and the Arbitral Award has been passed without following the procedure. In such a case, you have to challenge the same under Sec. 34 of the Arbitration Act, as rightly pointed out by Dr. V.N.Rao.
There is a time limit for challenging the said Award.
