Explain the following: Requisites of a valid award
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Explain the following: Requisites of a valid award
Answer & Explanation:
The arbitrator makes award after hearing the evidence of both the parties. The award must be within the terms of reference. It is for the arbitral tribunal to lay down its own procedure during the arbitration proceedings. The law should however, be fair and reasonable. The tribunal may decide to ask the parties to adduce evidence by way of affidavits. In that case it would be fair and just to allow cross-examination of the witness whose affidavit has been filed. The general requisites of an award are: it must be cogent, consistent with the submission; it must be certain; it should be complete; it must be fair to the parties; it must be final; its implementation must be possible or enforceable; it should not be opposed to public policy.
Topics: Arbitration Law
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