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Ra.Senthur Murugan (Asst.General Manager)     13 November 2019

sec 34 of Arbitration and conciliation act 1996

truncated arbitrator passed award is valid


Learning

 2 Replies

Siddhartha Kundoo   03 February 2020

Respected Sir,

Kindl Clarify Your Question? 

Regards,

Siddhartha Kundoo

 

Joy Bose   04 February 2020

What you are talking about is when then there are 3 arbitrators in a case, one of the arbitrators leaves the proceeding before the judgement is pronounced. In such cases, while pronouncing the award, the other two arbitrators only have to state the reason as to why the third arbitrator left the proceeding. The Award pronounced by the other two will be held valid and it cannot be challenged under section 34 of the Arbitration and Conciliation Act. 

A case had come to Delhi High Court regarding truncated arbitration where one of the three-arbitrator had left the proceeding before the award. The award was challenged under section 34 of the Arbitration and Conciliation Act. Delhi High court rejected the plea and upheld the award pronounced by the two arbitrators.

So, yes truncated arbitrator award is valid.


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