Q: What do we mean by Arbitrium est judicium boni viri, secundum ?
Ans: The meaning of Arbitrium est judicium boni viri secundum is that an award is the judgement of a good man ,according to justice.
Or
In accordance with justice, an award is the judgement of good man. It is clear that award is nothing but judgement of good man.
AEJBVS:
1. Aribitrium est judicium
2. Boni
3. Viri Secundum
Arbitration east judiciary
Boney Kapoor
War Secundrabad.
Points to remember:
1. The judgement of arbitrator is an award. An award is the judgement of good man , according to justice.
Arbitrium est judicium
Boni viri secundum (Boni veer secundum)
There are two types of award domestic award and foreign award. Domestic award is mentioned under part 1(section 2 to section 43) of Arbitration and Conciliation Act, 1996 whereas Enforcement of foreign award is mentioned under part 2( Section 44 to section 60) of arbitration and conciliation act, 1996. Part 3( section 61 to section 81 ) of arbitration and conciliation act, 1996 mentions about the conciliation and part 4( section 82 to section 86) mentions about the Supplementary provisions.
Remember: An award is explained in four chapters of Arbitration and Conciliation Act, 1940. They are Chapter 6, chapter 7, chapter 8 of part 1 which is domestic award and chapter 9 deals with appeals.
Chapter 6: Making of Arbitral Award and Termination of Proceedings.
Chapter 7: Recourse against Arbitral Award or / Setting Aside Arbitral Award.
Chapter 8: Finality and Enforcement of Arbitral Awards.
Chapter 9: Appeals
Appealable orders for domestic award is mentioned under Section 37 of Arbitration and Conciliation Act whereas appealable orders under foreign award is mentioned under section 59 of Arbitration and Conciliation Act, 1996 for geneva convention and section 50 for new york Convention.
Chapter 1 and chapter 2 of part 2 deals with foreign award.
The part 2 comprises of two chapters i.e. chapter 1: New York Convention Awards and Chapter 2 : Geneva Convention Awards.
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