Umesh Khanna (CEO) 01 May 2013

Appeal against arbitration award execution petition

Sir ,

I had been awarded a award in arbitration against my sundry debtor and the award has been converted into decree , the execution petition has been fled in high court, the opposing party has filed a appeal against the exec. pet. and requested stay on the same . the grounds for objection in arbitration was non validity of arbitration clause on the opposing party inspite of a arbitration clause in our invoice. the objection was overruled and the award made valid.

on what grounds can he appeal against the exec. pet. and what can we do to make our legal case strong?

pls advise

Regards

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 May 2013

The burden of proof lies upon the person who makes the appeal to the court praying to set aside the arbitral award. It is the duty of such appellent to prove the allegations beyond the reasonable doubt. The court must satisfy with the evidence submitted by such appellent.

Advocate Bhartesh goyal (advocate) 01 May 2013

The decision of Arbitrator is final and no appeal lies against the same.However an objections against award can be filed u/s 34 of Arbitration and Conciliation Act 1986 but on limited grounds.If the award is against public policy or passed by Arbitrator beyond the scope of agreement or without having jurisdiction are the grounds on which award can be set aside else not.

Umesh Khanna (CEO) 02 May 2013

Sir , they have applied under section 37 arbitration act,( if the arbitration is taking s much time and so many loopholes are pesent for objections and appeals, it would be better to go through civil procedure). please guide as to what grounds are available tp the opposing party under section 37 for appeal, while execution is under way and I have take interim relief under section 9, can i stop them from appealing ? its urgent pls guide

Regards

Umesh

SUBRATA KARMAKAR (advcocate/ attorney) 26 January 2014

NOTHING COULD BE DONE TO PREVENT OR TO TAKE ANYONE'S RIGHT TO APPEAL IN THE SUPREME COURT UNDER THE PROVISION ENUMERATED IN THE SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT 1996.UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT ONE CANNOT MAKE SECOND APPEAL IN THE HIGH COURT.ONLY REMEDY IS APPEAL BEFORE SUPREME COURT.THANK YOU.

SUBRATA KARMAKAR. ADVOCATE

1 Like

Saurendra Rautray (advocate) 02 June 2015

Hi,

An appeal against execution petition wont hold good in the court if that is what you meant. But later you have said that section 37 has been filed. Kinldy note that the grounds taken had to be taken first before the Arbitral tribunal, then under section 34 and so on. Kinldy check if the plea of invalid Arbitration Clause has been taken before the Arbitral Tribunal if not then they cannot take the plea of Arbitration clause being invalid for the first time and that too in the appeal against the execution petition.

Regards

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255