IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Block Development Officer Nadaun – Appellant
Versus
Designer’s International – Respondent
By way of this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, the appellant has assailed order dated 02.05.2015, passed by the learned Appellate Court in Arbitration Petition No.1 of 2010/RBT 1/2014, preferred by the present appellant under Section 34 of the Arbitration and Conciliation Act against the award dated 01.02.2010, passed by learned Sole Arbitrator in Arbitration proceedings titled M/s Designer’s International Chandigarh versus The Block Development Officer, Nadaun. Learned Deputy Advocate General has argued that the order passed by the learned District Judge is not sustainable in the eyes of law for the reason that the learned District Judge has erred in not appreciating the statement of PW-1 in the correct perspective as a whole. He further submitted that learned District Judge erred in not appreciating that the learned Arbitrator was not having the jurisdiction to decide the case, which rendered the award to be non-est in the eyes of law. Learned Deputy Advocate General further argued that the learned District Judge erred in not appreciating that the learned Arbitrator had completely ignored the material aspe
Courts under Sections 34/37 have narrow scope; no re-appreciation of evidence or interference absent patent perversity. Participation in proceedings waives arbitrator appointment objections.
The court affirmed that improper appointment of an arbitrator renders the award unsustainable, regardless of jurisdictional issues.
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 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....
The court emphasized that judicial interference with arbitral awards under the Arbitration and Conciliation Act is severely limited and cannot involve reevaluation of merits or factual findings.
Arbitration and Conciliation - Jurisdiction of Arbitration - Interference under Section 37 of Act - Court cannot undertake an independent assessment of merits of award and must only ascertain that ex....
The court reaffirmed that judicial intervention in arbitration under Sections 34 and 37 is limited to ensuring no substantial legal errors occurred, emphasizing the importance of respecting the arbit....
(1) While exercising power under Section 34 of A & C Act, arbitral award can only be confirmed or set aside, but not modified.(2) Award passed by Arbitral Tribunal cannot be set aside on the ground t....
The Additional District Judge lacks jurisdiction to entertain applications under Section 34 of the Arbitration Act if the application was initially filed before the District Judge.
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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