Sandeep Bajaj
09 July 2009 at 15:33
Once the award is passed by an arbitrator. It becomes the decree of the court and can be executed as such. However, when an arbitration is set aside by the court (under section 71 of engilsh law) then english Law says that it is a nullity. Therefore there is no award in the eyes of law and the parties may again go to the arbitration and hence rearbitration is possible. Now the question arises is it always the case even thought the award is set aside on merits? Is there any Indian or English Judgment on this aspect?
Whether Re- Arbitration is permissible?
Once the award is passed by an arbitrator. It becomes the decree of the court and can be executed as such. However, when an arbitration is set aside by the court (under section 71 of engilsh law) then english Law says that it is a nullity. Therefore there is no award in the eyes of law and the parties may again go to the arbitration and hence rearbitration is possible. Now the question arises is it always the case even thought the award is set aside on merits? Is there any Indian or English Judgment on this aspect?