Query relating to Arbitral award

anuja (Querist) 06 March 2011 This query is : Resolved
hiiiiiiiiiiii,

If a professor has had a dispute with a University, for which he has appointed an arbitrator, but university fails 2 respond 2 his appointment and the arbitrator gvs d award in favour of d professor, can d university challenge dis award in the court???? if u can pls quote d section and ne case law supportin ur ans , it wud b better.....

Follow Query

Report Abuse

Guest (Expert) 06 March 2011
Dear Anuja,

The question arises in whose power appointment of an arbitrator lies, and whether the Professor had the power to appoint an arbitrator, as per the agreement? If the professor did not have the power to appoint an arbitrator in his own case, the award may be treated as null & void.

In my views, the Professor should have requested for the appointment of an arbitrator to the concerned authority competent of appoint an arbitrator.

An extract of Section 8 of the Arbitration and
Conciliation Act, 1996, is reproduced below for your guidance:

EXTRACT OF SECTION 8
8. Power to refer parties to arbitration where there is an arbitration agreement.— (1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.

(2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.

(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made.

With this in view, i seems the University could not respond to arbitration.

Hope this can enlighten you to he appropriate extent.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]