Can an award made by the arbitral tribunal be set aside on a ground which is not confined to section 34(2) and when an award is not enforceable can that be taken as a ground for setting aside the award?
Vigneswaran (Lawyer) 16 May 2010
Can an award made by the arbitral tribunal be set aside on a ground which is not confined to section 34(2) and when an award is not enforceable can that be taken as a ground for setting aside the award?
Smita_L01042008 (student) 17 May 2010
rajasekaran (director) 13 December 2011
The award is enforcable as a decree of the Court under CPC 1908 AFTER three months and 30 days is appeal is not filed under section 34 of C aCT 1996.
RAJASEKARAN
Advocate Bhartesh goyal (advocate) 01 January 2012
No appeal lies against the Award passed under the provisions of Arbitration and concilation Act 1996.Objections against Award can be filed u/s 34 of Act.Award is mean to decree which is enforceable.
rajasekaran (director) 02 January 2012
If objections are filed under section 34 of Arbitration Act within three months and condonable delay of 30 days then there is an automatic stay of execution of award.
In that sense by deeming legal fiction an award can become an enforceable decree only on expiry of stipulated period under section 34(3).
The scope of admissible objections u/s 34(2), that the arbitral award is in conflict with or opposed to “public policy “ has been widened after Saw Pipes Vs ONGC case.
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