An award given by the Arbitrator is not always final and binding upon the parties.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
An award given by the Arbitrator is not always final and binding upon the parties.
Answer & Explanation:
Arbitration is a means devised to quick and economical settlement of a dispute between two contracting parties, who also agree as part of the main agreement to refer dispute or difference arising out of or touching upon the terms and conditions of the agreement to a third person to give his judgement, which shall be binding on both the parties. Where the decision of a person is binding on only one of the parties and not on all the parties to the dispute, it cannot be said that the function, which the person giving the decision is exercising, is arbitral in character. Normally, the decision of the arbitrator is binding upon the parties. However, if the same is not acceptable to either of the parties, then an appeal can be made under section 34 of the Arbitration and Conciliation Act, 1996.
Topics: Arbitration Law
Related Questions in this Topic
- Explain the following: Requisites of a valid award
- Draft a deed of assignment of the business debts with assumed data.
- Draft a plaint in a suit for demolition of construction made by the defendant on the plaintiff's vacant land. The plaint...
- Draft a petition for anticipatory bail under section 438 of Code of Criminal Procedure, 1973 with assumed data.
- Draft a notice to determine a continuing guarantee under section 130 of the Indian Contract Act, 1872 with assumed data.