Q: What is an award and elaborate review, revision and appeal ?

Ans: Award is the final and ending point of the dispute before the arbitral proceedings . It is equal to the judgement or decree of civil court . 
Award is the final decree or final judgement of Arbitration Tribunal.  

Chapter 6 of Arbitration and Conciliation Act,  1996 explains the provisions about ' Making of Arbitration Award and Termination of Proceedings ' . 

This chapter contains sections 28 to 33. 

Chapter 7 contains only one section  I.e., section 34 , explains about the provisions regarding ' Recourse against Arbitral Award/ Setting Aside Arbitral Award' in certain circumstances.  

Chapter 8 contains two sections namely 35 and 36 , explains the provisions about the finality and enforcement of Arbitral Awards.  

Chapter 9 contains only one section i.e section 37 narrates the provisions regarding 'Appeals'. 


The Arbitration Act of 1940, which was abolished, provided three ways to challenge an award: modification, remission, and setting aside. 
Whereas the Arbitration and Conciliation Act of 1996 divided these remedies into two categories (i.e., modification and setting aside). The remedy has been given to the parties, and the tribunal was intended to correct mistakes. Returning the award to the tribunal for correction of errors has been modified as the remedy for setting aside.
A court may set aside an arbitral award on the grounds listed in section 34 of the Arbitration and Conciliation Act, 1996. These factors include:

1. Incapacity of parties
2. Invalidity of agreement
3. Notice not given to parties
4  Award beyond the scope of reference
5. Illegality of arbitral procedure
6. Award against public policy

IIN AIA

Public policy is a system of laws, regulatory measures, guidelines, and funding priorities identified by governments or their representatives to fulfill public interest goals.

Venture Global Engineering Llc vs Tech Mahindra Ltd & Anr Etc on 1 November, 2017.
In Venture Global Engineering LLC and Ors. v. Tech Mahindra Ltd. and Ors,  the Court interpreted that violation of the provision of the 
Foreign Exchange Management Act (FEMA) will be considered as patent illegality, and therefore a breach of public policy, based on the Associate 
Builders case. Thus , an an arbitral award was set aside. 
 


Review, Revision and Appeal against an award. 

Review is contained in Section 114 and Order 47 of the CPC whereas revision is contained in Section 115 of the CPC.
Appeals are mentioned under section 96 to Section 112 and orders 41 to 45 of civil procedure code,  1908. 

Review means to reconsider, to look again, or to re-examine. In a legal sense, it is a judicial re-examination of the case by the same court and by the same Judge.

Whereas Revision means the high court is revising the judgment of any case decided by a subordinate Court in certain circumstances.

Review is given by the court which passed the decree or made the order whereas revision is executed only by the High Court.

Review can be done only after the passing of the order whereas revision can be done when the case has been decided.

The decree granting a review is appellable whereas the decree granting a revision is not appellable.

The grounds for review are the discovery of new evidence, error on the face of the record and any other sufficient reason however the ground for revision is a jurisdictional error by the lower courts.

Comments

Post a Comment

Popular posts from this blog

Q: How does rule 13 of national legal services authority rules, 1995 differs from section 13 of legal services authority act, 1987 ?

Ans: Rule 13 of National Legal Services Authority Rules, 1995 holds that a person shall not be qualified to be included in the Lok Adalat unless he is-    (a) a member of legal profession; or (b) a person of repute who is especially interested in the implementation of the Legal Services Schemes and Programmes; or (c) an eminent social worker who is engaged in the upliftrment of the weaker sections of the people, including the Scheduled Castes, the Scheduled Tibes, women, children, rural and urban labour. However, Section 19 of legal services authority act, 1987 further provides that the experience and qualifications of other persons as mentioned earlier for Lok Adalats other than those who are to be prescribed by the Central Government in consultation with Chief Justice of the Supreme Court 19(3) , shall be such as may be prescribed by the State Govcrnment in consultation with the Chief Justice of the High Court 19(4). According to section 19(2) of legal services ...
Read more

Q: Can a party to an arbitration agreement appoint a sole arbitrator on his own and impose it on the other party?

Ans: While it is possible for a party to a dispute to appoint a sole arbitrator, there must be an agreement between the parties to do so and the procedure prescribed by it must be followed. Thus, a party cannot appoint a sole arbitrator and impose the appointment on the other party if the agreed procedure is not followed.  Each party shall appoint one arbitrator . The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator. Thus, there must be minimum 3 arbitrators in arbitration tribunal. 
Read more

Q: What is Foreign Arbitration ?

Ans: Foreign awards are granted in foreign countries for any dispute referred to arbitration in international cases and are enforceable in India under the Act. It is divided into two chapters under the Act: The New York Convention The Geneva Convention    When both of the parties are foreigners they have mutually agreed to follow rules of a foreign land through arbitration while dealing with legal disputes, it is called foreign arbitration. In such cases, regardless of whether the arbitration takes place in India or or in the other country, foreign arbitration laws are followed. In such arbitration, a "foreign award" is sought to be enforced. For India, when an arbitration proceeding is conducted in a place outside India, it is called foreign arbitration.  Section 44: Foreign award for geneva convention. Foreign award is given in international commercial arbitration.  Section 2(1)(f) and Artilcle 51(d): International Arbitration. 
Read more