Award being passed" u/s 31(5) arbitration and conciliation act 1996
Responsible Citizen
(Querist) 04 April 2012
This query is : Resolved
Hi,
Please advice as what is the meaning of "Award being passed" U/S 31(5) Arbitration and conciliation act 1996 by Sole Arbitrator and what is the remedy available to the accused and How much time does the accused have to sort out or take legal help.
Accused in not in received of the copy of the order yet ,however he has the information regarding the same.
Thanks and Regards
Deepak Nair
(Expert) 04 April 2012
That means an arbitration proceeding was initiated and the arbitrator appointed by the parties to adjudicate the dispute has passed the award in favour of either of the party.
You have to approach the Civil Court SD or the High Court against the order/award.
wait till the copy of the award is received.No action can be taken before that.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 April 2012
First you should have objected to the appointment of sole arbitrator, now this opportunity is missed. So you must chellange the legality of award.
If the opponent is smart he may seek interim measures against you from the court for attachment of property or appointment of receiver u/s 9 of the act.
ajay sethi
(Expert) 04 April 2012
since sole arbitrator was appointed with consent of parties arbitrator must have passed reasoned order ie award .
after you receive the copy of award and if you are aggrived you can challenege the award .
Sankaranarayanan
(Expert) 04 April 2012
Normlly arbitation award is given equally to both party by arbitrator or arbitrators. So if any one of them have dis satisfaction on the award then they can chalenge the award through civil court