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Deepak Maharishi (Manager)     12 August 2014

Appeal against arbitration award

Can a party file an appeal against the order of Arbitration when we have specifically written in the Agreement that the award of arbitration shall be final and binding on the parties?

 

Regards



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     12 August 2014

Any party can file objections against Award u/s 34 of Arbitration and Conciliation act 1996.Any condition in agreement in regards to restrain to file appeal or objection makes an agreement void.see sec 28 of Indian Contract Act28. Agreements in restrain of legal proceedings, void -

1[***]Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to the extent.

Sanjay Agarwal (Lawyer)     30 December 2014

If provisions of arbitration act 1996 have been invoked then right of appeal provided in the act can not be curtailed

Anupam Lahiri (Director Central Statistical Office)     03 November 2015

Under Arbitration and Conciliation Act, 1996, there is no provision for any appeal against arbitral award. The arbitral award is final. 

However, Sec 34 of the Act provides a limited recourse against the award. On a limited ground, either party may apply before the Principal Civil Court of Original Jurisdiction for setting aside the arbitral award. Unless such a course is taken, the same become final and becomes enforceable. 

kalyan   24 November 2015

I agree with the Anupam lahiri said, but the application will be file with in the 90 days from the date of reciept of the award. After that the appel will not entertain.


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