arbitral award

An arbitral award is the decision of the arbitral tribunal; it includes an interim award. It must be in writing, signed by the arbitrators, state reasons (unless the parties agree otherwise or it is a consent award), and give its date and place. It is final and binding on the parties.

A domestic award can be challenged only by an application to set it aside under s.34, on limited grounds such as incapacity, invalid arbitration agreement, lack of notice, matters beyond the reference, improper composition, non-arbitrability, conflict with public policy and, for domestic awards, patent illegality. Once the s.34 period expires or the challenge fails, the award is enforced as if it were a decree of court. Courts cannot re-examine the merits.

Example

The contractor's challenge to the arbitral award failed, because under s.34 the court could not reassess the evidence merely because another view was possible.

In Indian law

• Section 2(1)(c) and Section 31, Arbitration and Conciliation Act, 1996 (award; form and contents)
• Section 34, Arbitration and Conciliation Act, 1996 (setting aside)
• Section 36, Arbitration and Conciliation Act, 1996 (enforcement)

See also

arbitration · alternative dispute resolution · decree · execution

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)