District judge modifying the order under section 34 Arbitration Act
18-Feb-2023 (In Arbitration Law)
After setting aside the arbitration award under NH act 1956, should the district judge make/modify the award himself? Most judges are remanding back to the commissioner (arbitrator) . Please advis
Hi,
Setting aside order is by the court where you had filed the application of setting aside. So DJ is in full right to modify the order. If the award is passed by the arbitrator and DJ is modifying then he has no power. Here he can pass a decree of setting aside and remand it back to the arbitrator for changes. DJ has no power. To do it. If he does so then u can challenge his order to appellate court.
Setting aside order is by the court where you had filed the application of setting aside. So DJ is in full right to modify the order. If the award is passed by the arbitrator and DJ is modifying then he has no power. Here he can pass a decree of setting aside and remand it back to the arbitrator for changes. DJ has no power. To do it. If he does so then u can challenge his order to appellate court.
First of all sir modification of the award is very rare. It is highly unlikely to get the award modified. The interference of the courts is minimal. I can only advise you after the perusal of the Arbitral Award. If the award is in your favour try to get it executed and contest the matter on Section 34. Or else move a Section 34 itself.
Recently, the Supreme Court of India has ruled on the power of the court to relegate the parties to the arbitral tribunal, it has stated that when an award passed by the same arbitral tribunal has been set aside under Section 34 of the Arbitration and Conciliation Act 1996 (“Act”). The Supreme Court concluded that a court can relegate the parties to the arbitral tribunal, only if there is a specific written application from one party to this effect; and relegation has to happen before the arbitral award passed by the same arbitral tribunal is set aside by the court..
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Arbitration lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."