Section 34 of the A & C 1996 act

Lawyer

Can an award made by the arbitral tribunal be set aside on a ground which is not confined to section 34(2) and when an award is not enforceable can that be taken as a ground for setting aside the award?

 
Reply   
 
student

dear Sir, the award is enforcable when it is converted in to decree. it means there is no appeal file by the parties ahainst award under section 33 and 34 , it becomes decree and can be enforced.
 
the arbitration award can be set aside on the ground mentioned in section 34 of arbitration and conciliation act.
 
not enforcable award does not mean that it is set aside.
 
Reply   
 


director

The award is enforcable as a decree of the Court under CPC 1908 AFTER three months and 30 days is appeal is not filed under section 34 of C aCT 1996.

 

RAJASEKARAN

 
Reply   
 

No appeal lies against the Award  passed under the provisions of Arbitration and concilation Act 1996.Objections against Award can be filed u/s 34 of Act.Award is mean to decree which is enforceable.

 
Reply   
 
director

If objections are filed under section 34 of Arbitration Act within three months and condonable delay of 30 days then there is an automatic stay of execution of award.

In that sense by deeming legal fiction an award can become an enforceable decree only on  expiry of stipulated period under section 34(3).

The scope of admissible objections u/s 34(2), that the arbitral award is in conflict with or opposed  to “public policy “ has  been widened after Saw Pipes Vs ONGC case.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu