Appeal against arbitration award execution petition

The burden of proof lies upon the person who makes the appeal to the court praying to set aside the arbitral award. It is the duty of such appellent to prove the allegations beyond the reasonable doubt. The court must satisfy with the evidence submitted by such appellent.

The decision of Arbitrator is final and no appeal lies against the same.However an objections against award can be filed  u/s 34 of Arbitration and Conciliation Act 1986 but on limited grounds.If the award is against public policy or passed by Arbitrator beyond the scope of agreement or without having jurisdiction are the grounds on  which award can be set aside else not. 

Sir , they have applied under section 37 arbitration act,( if the arbitration is taking s much time and so many loopholes are pesent for objections and appeals, it would be better to go through civil procedure). please guide as to what grounds are available tp the opposing party  under section 37 for appeal, while execution is under way and I have take interim relief under section 9, can i stop them from appealing ? its urgent pls guide

Regards

Umesh

NOTHING COULD BE DONE TO PREVENT OR TO TAKE ANYONE'S RIGHT TO APPEAL IN THE SUPREME COURT UNDER THE PROVISION ENUMERATED IN THE SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT 1996.UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT ONE CANNOT MAKE SECOND APPEAL IN THE HIGH COURT.ONLY REMEDY IS APPEAL BEFORE SUPREME COURT.THANK YOU.

SUBRATA KARMAKAR. ADVOCATE

Hi,

An appeal against execution petition wont hold good in the court if that is what you meant. But later you have said that section 37 has been filed. Kinldy note that  the grounds taken had to be taken first before the Arbitral tribunal, then under section 34 and so on.  Kinldy check if the plea of invalid Arbitration Clause has been taken before the Arbitral Tribunal  if not then they cannot take the plea of Arbitration clause being invalid for the first time and that too in the appeal against the execution petition.

Regards

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255