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Can an arbitration award be challenged by a party


18-Sep-2023 (In Arbitration Law)
Independent arbitrator was appointed by court in a contractual dispute. Both parties attended the arbitration process. Award was in my favour and opposite party indian railways accepted the award and paid the amount with interest within one month unilaterally and unequivocally. But after 1 month of payment they challanged the award under section 34 as an after thought. I have also submitted parawise reply. Matter is pending in district court for 12 yeras and railways has no interest in the case. They have withheld my amount of other undisputed contracts stating unless the matter is decided in district court they wont release the other amount. Moot question is once award is accepted and paid and complied unequivocally by other party can they challange the award since the process is completed. Can i challange in High court. Pls advice. Regards
Answers (3)

Answer #1
851 votes
Sir, I have perused in details regarding your query. An arbitrary award can obviously be challenged but it has to be seen first that the payment has been made with prejudice or without prejudice. However your other contracts and payments would remain unaffected due to the doctrine of privity of contract, and obviously you can move to the High Court to release your payments. Please contact for more details.
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Advocate Abhishek Dutt

Adv. Abhishek Dutt

LawRato Kolkata | 5+ Answers
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Answer #2
767 votes
MY OPINION THAT without delay you should move before Hon'ble Calcutta High court,at company court for your early relief , your have so many options to get relief,contact with me as early with all papers at my chamber,thank you
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Advocate Ranabir Banerjee

Adv. Ranabir Banerjee

LawRatoKolkata | 25+ Answers
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Answer #3
723 votes
Dear Querist, Since the arbitration award has already been acted upon, the Section 34 is not maintainable and Railways cannot withhold your payments for work done on other account heads and/or pertaining to other contracts. You ought to have approached the High Court through a writ against such arbitrary withholding of payments much earlier rather than waiting for 12 years in the lower court. At present, i am only concerned about the limitation period of your claims. However, to give a better opinion in view of the legal positions, I need to peruse all the relevant documents to ascertain as to whether there is still scope to approach the High Court at this juncture or not. Therefore, please get in touch with all the documents at the earliest. Regards, Sohail Haque
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Advocate Sohail Haque

Adv. Sohail Haque

LawRatoKolkata | 5+ Answers
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