NPKailaasam (ADVOCATE & Management Consultant) 15 July 2014

Getting arbitration award

Dear Sir/Madam,

An Arbitration proceedings was initiated against my client and for that my client received notice and attended the arbitration proceedings twice at that stage ,when my client asked for the copy of the accounts from the other party through the arbitrator and he not supplied with that and afterwards the date of hearings not mentioned by the arbitrator to my client and he is very innocent cannot follow that and leave that matter. Now the finance company by filing an E.P in Sub Court by obtaining arbitral award initiated execution proceedings using the arbitral award.Now my question is 1. Whether the arbitrator must serve a copy of the award to the concerned party is mandatory 2. How can we obtain the arbitral award copy from the arbitrator 3. the E.P. filed at March 2014, in that the degree date noted as 24.05.2013 and whether we go for appeal U/S 34 of the act by availing the copy of the order now. 4. Can we get the arbitral award through requesting in Regd post letter

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 15 July 2014

Does your client have communication letters & other related evidence for obtaining award copy. Contest in proceedings E.P.

Advocate Bhartesh goyal (advocate) 15 July 2014

U/S 31[5] of Arbitration and Conciliation Act 1996 it is mandatory to,Arbitrator to supply and deliver a copy of Award to each party of case,and the same was not delivered to you.Apply to Arbitrator for certified copy of Award and after getting the same file objections and challenge the award u/s 34 of Act before the district judge having jurisdiction.

(5) After the arbitral award is made, a signed copy shall be delivered to each party.

NPKailaasam (ADVOCATE & Management Consultant) 15 July 2014

Thanks for your valuable reply,Can my client send a RPAD to the arbitrator with a request to furnish the AWARD COPY or WHAT IS THE LEGAL WAY TO ASK FOR THE AWARD COPY,. Whether The limitation start runs from the date in which we obtained the copy as it is 90 days time for challenging the AWARD.

Advocate Bhartesh goyal (advocate) 15 July 2014

Yes,send RPAD request/letter to arbitrator,mention therein that you are entitled to get certified copy of Award which has not been sent/delivered to him yet .Limitation will start from the date of receive of copy of Award.

NPKailaasam (ADVOCATE & Management Consultant) 16 July 2014

Thanks sir for your valuable reply and as the E.P. Case posted on 22.07.14,for filing counter can we ask for an adjournment stating this reason as we are in move to get the award and to go for appeal.