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CHHATTISGARH HIGH COURT
Harish Tandon, J
Cholamandlam Investment and Finance Co. Limited v. Narmada Chandrakar and Others
| Table of Content |
|---|
| 1. the finality of arbitral awards is critical under law. (Para 1 , 2 , 3) |
| 2. explains specific facts of the present arbitration case. (Para 5 , 6) |
| 3. arguments presented by both sides concerning the execution of the award. (Para 7 , 8) |
| 4. issues surrounding the jurisdiction of the executing court. (Para 9 , 10) |
| 5. final conclusions and decisions made by the court. (Para 24 , 25) |
1. The HALSBURY'S LAWS OF ENGLAND (4th Ed., Vol.2, para 611)1 states about finality attached to award as under: -
'The effect of the award is such as the agreement of reference expressly or by implication prescribes. Where no contrary intention is expressed and where such a provision is applicable, every arbitration agreement is deemed to contain a provision that the award is to be final and binding on the parties and any persons claiming under them respectively.
'As between the parties to the arbitration agreement, the award gives rise to an estoppel inter parties with regard to the matters decided therein analogous to that created by the judgment in an action in personam; thus, if the award was in respect of a breach of a contract, it may bar further proceedings even though fresh damage has flo
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