Procedure in civil court in arbitration matter

My question is:

After completion of proceeding under the Arbitration & conciliation act 1996, Award is awarded by the tribunal. During  arbitral proceeding evidence are recorded.

when Appeal is filed in civil court U/s 34 of Arbitration & conciliation act 1996 to setting aside of award, Is we need to again present the Evidences in the court?


Award of arbitrators is executable as decree of civil court  and you need not to file evidence in execution proceedings.   Please note that execution proceedings can be started only after disposal of objections filed under section 34


Thanks Sir ,My question is, 

1. Once evidence are proved & admitted by the Arbitration tribunal & Award is announced. But the other party is not agree with the award. So they filed the appeal to set aside the Arbitral Award u/s 34 of Arbitration & conciliation act 1996. Is rerecording of already proved & admitted evidence is required in Court or not?

2. Once evidence are proved & admitted by the Lower Court & after proceeding, decree or judgement is announced. But the other party is not agree with the judgement. So they filed the appeal in Higher court. Is rerecording of already proved & admitted evidence is required in Higher Court or not?


Prashant i think you are confused.Petition/objections u/s 34 of Arbitration and Conciliation Act is filed for seting aside the Award,it is not an appeal against award No appeal lies against Award. appeal lies against the order of allowing or disallowing petition/objection u/sec 34 of Act u/sec 37 of Act and is filed before High Court and not in civil court.No fresh evidence is required to decide petition u/sec 34 of Act.Whatever evidence has been adduced before Arbitrator is only considered to decide the petition filed u/sec  34 of act. 


Got it,Very Very Thank you sir & Happy new year Sir

Consultant & Legal Analyst

Rightly opinied.




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