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N KANNAN (MANAGER)     26 September 2011

Can fresh documents be filed in appeal against award

Can the appellete tribunal permit the parties to file additional or fresh documents in an appeal filed against an arbitrational award?




 3 Replies

Legal Maximus ( IP & Back office legal support and documents)     27 September 2011

 Dear Mr.N.Kanan

Apellate Tribunal will not allow any fresh evidence at the appeal stage other that what was at the Arbitration proceeding. As award has already been passed.

Advocate Bhartesh goyal (advocate)     05 March 2012

Mr .N Kannan

Firstly i would like to say you that decision {Award} passed by Arbitrator is final,No appeal lies against Award.Aggrieved party may file objections  against Award  before District judge u/s 34 of Arbitration and Conciliation Act 1996.If District Judge allows or rejects the objections then aggrieved party can approach High Court by filing appeal against  the decision of District Judge u/s 37 of Arbitration and Conciliation Act 1996.

1 Like

M. A. Khan (advocate)     20 March 2012

i agree with mr goyal.  appeal court has very limited scop. award is final, it can be challanged upon limited issues.  therefore, so far as merits are concerned, no new documents can be produced in appeal.

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