Arbitration And Conciliation Act

950 votes

There is no provision for appeal against an arbitral award and it is final and binding between the parties. However, an aggrieved party may take recourse to law court for setting aside the arbitration award on certain grounds specified in Section 34 of the Arbitration and Conciliation Act, 1996. Concerned aggrieved party has to file an application in the court to set aside the award passed by the Arbitrator & submittted by him in the court. An application for setting aside an Arbitral - Award shall not be entertained if it is made after three months from the date on which the applicant had received the arbitral award. This limitation provision is as per Sec 34 (3) of Arbitration & Conciliation Act, 1996.

Advocate Pankaj Bajaj LawRato

813 votes

However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award. This period of limitation can be further extended by 30 days in cases where the applicant is able to show sufficient cause for delay in filing petition under Section 34

(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996, any dispute arising between licensees shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator or arbitrators to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be such as may be prescribed by regulations.
(2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including orders to,-
(a) confirm and enforce the award;
(b) set aside or modify the award; or
(c) remit the award for reconsideration by the arbitrator.
(3) The award given by the Commission under sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be appeal able as provided in this Act.
(4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.

Appeals against the orders of the Commissions.

39. A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period not exceeding thirty days.

Advocate Satyajit Surendrasinh Powar LawRato