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HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Soharab Ali Sardar – Respondent
JUDGMENT :
Prasenjit Biswas, J.
The appellants have preferred this appeal being aggrieved by and dissatisfied with the order dated 20.09.2018 passed in connection with an application filed under sections 30 and 33 of the Arbitration Act, 1940 by the learned Civil Judge (Senior Division), 1st Court at Baruipur.
2. Mr. Ashim Kumar Ganguly, learned Senior Counsel appearing for the Appellants is very much vocal on the point that the impugned arbitral award is bereft of any reasons and as such it cannot stand under the provisions of law. He further submits that court below erred in law and fact in rejecting the application filed under sections 30 and 33 of the Arbitration Act, 1940 filed by these appellants as the parties went into arbitration with clear understanding and belief that the proceedings was conducted under the 1996 Act.
3. Any award made by an arbitrator can be set aside only if one or the other term specified in sections 30 and 33 of the Arbitration Act, 1940 is attracted. It is submitted that the award passed by the arbitrator is bereft of reasons and as such the award passed by the arbitrator should be nullified. Section 30 of the Arbitration Act, 1940 provides for setti
An award can only be set aside on the grounds specified in section 30 of the Arbitration Act, 1940, and an arbitrator need not give a reasoned award.
The court reaffirmed that under the Arbitration Act, 1940, the grounds for setting aside an award are limited, and the sufficiency of reasons provided by the arbitrator is not subject to judicial rev....
The appeal against an arbitral award is limited to specific statutory grounds; dissatisfaction with outcomes does not justify setting aside unless misconduct or invalidity is proven.
The court emphasized that the lack of reasons in an arbitral award makes it vulnerable and that the Arbitration Court does not have appellate authority to supplement reasons for an unreasoned award.
Arbitral Award – Hearing the parties once again - Permitting Arbitrator to hear the parties de novo will enlarge the mandate of Section 34(4) - 13 years have passed since the Arbitrator last heard th....
The limitation for setting aside an arbitral award begins from the date of receipt of the award, not from the rejection of an application under S.33.
Arbitration awards are not subject to judicial review on merits unless procedural errors are present as defined under the relevant Arbitration Act.
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