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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
State of Rajasthan through the Executive Engineer, Irrigation Department, Division Alwar, Alwar – Appellant
Versus
Devendra Pal Singh r/o 10, Poultry Estate, Agra Road, Jaipur – Respondent
| Table of Content |
|---|
| 1. scope of appeal under section 37 (Para 1 , 2 , 3) |
| 2. disputes arose under contracts leading to arbitration (Para 5 , 6 , 10 , 11) |
| 3. arguments for and against arbitral awards (Para 12 , 13 , 16 , 17) |
| 4. judicial review of arbitral awards is limited (Para 14 , 20 , 22) |
| 5. limited grounds for setting aside awards (Para 24 , 26 , 29) |
| 6. conclusion: appeals dismissed (Para 32 , 33) |
Order :
MANEESH SHARMA, J.
1. The present miscellaneous appeals have been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act'), challenging the judgment dated 01.03.2011 passed by the Learned District and Sessions Judge, Alwar in Civil Misc. Nos. 141/2005 and 474/2005, whereby the challenge to the arbitral award(s) under Section 34 of the Arbitration Act filed by the non-claimant/appellant has been dismissed.
2. At the outset, it is required to be noted that by the impugned order, the learned District and Sessions Judge, Alwar in exercise of its powers under Section 34 of the Arbitration Act has confirmed the award(s) passed by the learned Arbitrator.
3. Nevertheless as regards to an order passed under Section 34 of the Arbitrati
Under the Arbitration and Conciliation Act, the scope for setting aside an arbitral award under Sections 34 and 37 is limited, emphasizing the need for substantial legal grounds and deference to arbi....
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The court emphasized that judicial interference with arbitral awards is strictly limited, focusing only on issues of public policy or jurisdictional errors and cannot re-evaluate the merits of the aw....
Judicial scrutiny under the Arbitration and Conciliation Act is limited; courts must respect arbitral awards unless proven to violate public policy or statutory obligations, affirming the principle t....
The judgment emphasizes the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, highlighting the need for restraint by courts while examini....
Under Section 34, courts cannot interfere with arbitral awards based on joint departmental reconciliations and admissions unless patent illegality apparent on award's face; limited to upholding final....
The court reaffirmed the limited scope of judicial review of arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, emphasizing that courts cannot reappraise evidence or in....
The court upheld the arbitral award, affirming that contractual obligations prevail over departmental instructions, and emphasized the limited scope of appellate review under the Arbitration and Conc....
Judicial review of arbitral awards under Sections 34 and 37 of the Arbitration Act is significantly limited, focusing solely on jurisdictional errors or procedural irregularities with no reassessment....
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