Arbitration and conciliation Act, 1996
Udit
(Querist) 19 October 2016
This query is : Resolved
Dear sir,
In an arbitratration award the sole arbitrator gave all the details of the facts and documents submitted by the claimant and respondent thereafter he gave his findings, conclusion and then award. Now the award is challenged u/s 34 in the district court. Apart from the grounds mentioned in sec. 34 the award is also challenged on the ground of giving no reason for the findings and the award.
So my question is
1.can the award be set aside on the basis of giving no reason of the award?
2. do the findings and conclusion given in the award not form the reason on which the award was given?
3. Is there any ruling of the Supreme Court or high court on the new act of 1996 in which the higher courts have either made it mandatory or not to include reason of the award and a ground for setting aside or not setting aside the arbitral award on the basis of giving no reason.
Regards.....
Udit
Advocate Bhartesh goyal
(Expert) 19 October 2016
Award can be set aside mainly on ground of (1) if award has been passed against public policy (2) Arbitrator has no jurisdiction to try and decide the case (3) beyond the scope of agreement.Award can't be set aside on ground of its unreasoned.
Kumar Doab
(Expert) 20 October 2016
You can benefit from the advise of expert Mr. Bhartesh Goyal.
Approach a counsel specializing in such matters with all docs, facts on record.
Rajendra K Goyal
(Expert) 20 October 2016
Agree with the expert Advocate Bhartesh goyal.
