Arbitration Compromise case
Querist :
Anonymous
(Querist) 26 June 2010
This query is : Resolved
To cut long story short, A compromise was reached by the parties in their Arbitration case, now the very next day the opponent party changed their mind and to the arbitrator they went and said, we wish to make changes to the compromise, the claimant said I am not agreeing to opponent demands, strangely so when the Award was delivered. Some of the statements delivered by the arbitrator are as follows:
1) "This fact has not been incorporated in the compromise".
2) "This fact could not be incorporated in the compromise".
3) "This fact has been omitted in the compromise application".
Now these facts are all in favor of the opponent. The claimant had 90 days to see to it that the award had been delivered wrongfully, by getting this rectified in the lower court, it will take another life time, but this being a exceptional case, as it is clear form the Arbitrator's Award that this is one sided award and wrongfully produced. I just wanted to know what is the best possible way to get the compromise executed and pin point the unlawful statements that have been written in the Award after the compromised had been reached.
Claimant.
Devajyoti Barman
(Expert) 26 June 2010
The award can not be enforced in piecemeal. Without seeing the award itself it is difficult to advise the 'best possible way'.
If you are aggrieved in any way by the orde you can file petition u/s 34 of the Act for setting it aside wherein the court may pass any order including the modifications you are looking for.
Querist :
Anonymous
(Querist) 27 June 2010
Thank you for your prompt reply, after the award had been delivered is there a time limit to file a petition u/s 34, if so will that be considered as a appeal to make the correction in the compromise or will it be considered as a challenge, also if there is a grace period of 90 days given, then that has passed.
Querist :
Anonymous
(Querist) 27 June 2010
One more thing, the award was delivered on 13th march last year.
