AI Overview...
- Arbitrator's Obligation to Give Reasons - Main points and insights:
- Under the Arbitration Act, an arbitrator is generally not required to give reasons unless specified in the arbitration agreement or deed of submission UNION OF INDIA VS ORIENTAL BUILDING AND FURNISHING COMPANY LIMITED - Delhi, FRANCIS KLEIN AND COMPANY PRIVATE LIMITED VS UNION OF INDIA - Delhi, S. Harcharan Singh VS Union Of India - Supreme Court.
- When the arbitration agreement does not mandate reasons, the award remains valid even if reasons are absent UNION OF INDIA VS ORIENTAL BUILDING AND FURNISHING COMPANY LIMITED - Delhi, FRANCIS KLEIN AND COMPANY PRIVATE LIMITED VS UNION OF INDIA - Delhi.
- If the arbitration clause requires reasons, the arbitrator must provide them; failure to do so can lead to the award being challenged or set aside AVI COACH BUILDERS VS UOI - Delhi, BHARAT FURNISHING COMPANY VS DELHI DEVELOPMENT AUTHORITY - Delhi, MOHINDER SINGH DHAMRAIT VS UNION OF INDIA - Delhi.
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An award without reasons cannot be questioned solely on that ground unless the agreement explicitly requires reasons Janta Brick Kiln Co. VS State Of Haryana - Punjab and Haryana.
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Court's Role and Legal Implications - Main points and insights:
- Courts may set aside awards if the arbitrator exceeds jurisdiction or fails to give reasons when required, especially if the failure is deemed a violation of legal or contractual obligations BHARAT FURNISHING COMPANY VS DELHI DEVELOPMENT AUTHORITY - Delhi, MOHINDER SINGH DHAMRAIT VS UNION OF INDIA - Delhi.
- When an arbitrator fails to give reasons despite being obliged, courts can remit the award back to the arbitrator with directions to furnish reasons KEDARNATH RAGHUNATH SABAI VS DELHI DEVELOPMENT AUTHORITY - Delhi, MOHINDER SINGH DHAMRAIT VS UNION OF INDIA - Delhi.
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Amendments to the Arbitration Act have bound arbitrators to give reasons, and awards lacking reasons may be invalid 01100015705.
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Summary and Conclusion:
- Arbitrators are only required to give reasons if the arbitration agreement or relevant legal provisions explicitly mandate so.
- Failure to provide reasons when required can lead to the award being set aside or remitted for reconsideration.
- Non-speaking awards are valid if the agreement does not specify the need for reasons, but courts may intervene if the lack of reasons constitutes misconduct or exceeds jurisdiction UNION OF INDIA VS ORIENTAL BUILDING AND FURNISHING COMPANY LIMITED - Delhi, FRANCIS KLEIN AND COMPANY PRIVATE LIMITED VS UNION OF INDIA - Delhi.
References: - UNION OF INDIA VS ORIENTAL BUILDING AND FURNISHING COMPANY LIMITED - Delhi - Janta Brick Kiln Co. VS State Of Haryana - Punjab and Haryana - FRANCIS KLEIN AND COMPANY PRIVATE LIMITED VS UNION OF INDIA - Delhi - AVI COACH BUILDERS VS UOI - Delhi - APEX SALES AGENCY VS UNION OF INDIA - Delhi - S. Harcharan Singh VS Union Of India - Supreme Court - State Of A. P. VS P. Lakshmu Reddy - Andhra Pradesh - KEDARNATH RAGHUNATH SABAI VS DELHI DEVELOPMENT AUTHORITY - Delhi - BHARAT FURNISHING COMPANY VS DELHI DEVELOPMENT AUTHORITY - Delhi - MOHINDER SINGH DHAMRAIT VS UNION OF INDIA - Delhi
Search Results for "Arbitrator should Give Reasons for Award"
1998 0 Supreme(Del) 823 • India - Delhi
S.N.KAPUR
ARBITRATION ACT - SECTION 30 - AWARD - VALIDITY - NON-SPEAKING AWARD - ARBITRATOR NOT REQUIRED TO GIVE REASONS FOR AWARD UNLESS ... An arbitrator is not required to give reasons for the award unless required by the arbitration agreement. 3. ... A non-speaking award is valid unless the arbitration agreement requires the arbitrator to give reasons#HL_END....
1993 0 Supreme(P&H) 1016 • India - Punjab and Haryana
ASHOK BHAN
TO GIVE REASONS - AWARD CANNOT BE QUESTIONED ON GROUND THAT ARBITRATOR HAS FAILED TO GIVE REASONS. ... arbitrator has failed to give reasons while making the award. ... Whether the arbitrator was required to give reasons for the award. Ratio Decidendi: 1. ... Union of India A.I.R. 1991 SC 945 that where the arbitration clause does not require t....
1987 0 Supreme(Del) 206 • India - Delhi
C.L.CHAUDHRY
ARBITRATION - AWARD - REASONS - ARBITRATOR NOT OBLIGED TO GIVE REASONS - AWARD REASONED - OBJECTIONS ON MERITS - NOT MAINTAINABLE ... An arbitrator is not obliged to give reasons in the award unless it is a term of the reference requiring him to do so. 2. ... Finding of the Court: The court held that the arbitrator was not obliged to give reasons in the #HL_ST....
2009 0 Supreme(Del) 93 • India - Delhi
MUKUL MUDGAL, VIPIN SANGHI
Arbitration & Conciliation Act, 1996 Sections 34 & 37 - Arbitrator was obliged to give reasons for his award - Award to be wholly ... reasons in the Award - Failures of the arbitrator clearly constitute legal misconduct - Appeal allowed. ... lacking any reasons - An arbitrator, particularly one well instructed in law is expected to give at least a brief summary of his ... It is not disputed that t....
1994 0 Supreme(Del) 501 • India - Delhi
USHA MEHRA
ARBITRATION - CONTRACT - AWARD - VALIDITY - ARBITRATOR NOT REQUIRED TO GIVE REASONS - AWARD NOT VAGUE OR INDEFINITE - AWARD MADE ... Clause 16 of the contract did not stipulate that the arbitrator would give reasons for the award. 2. ... Whether the arbitrator was required to give reasons for the award. 2. Whether the award wa....
1990 0 Supreme(SC) 468 • India - Supreme Court
M.M.PUNCHHI, RANGANATH MISRA, S.C.AGRAWAL
ARBITRATION OR DEED OF SUBMISSION NOT REQUIRING THE ARBITRATOR TO GIVE REASONS—AWARD CANNOT BE QUESTIONED FOR NOT CONTAINING REASONS ... - WORKS CONTRACT—Award of a sum for additional work as claim—Award not invalid. ... It has been held that an arbitrator or umpire is under no obligation to give reasons in support of the decision reached by him unless under the arbitration agreement or the deed of submission he is....
1993 0 Supreme(AP) 486 • India - Andhra Pradesh
G.RADHA KRISHNA RAO, P.RAMAKRISHNAM RAJU
ARBITRATION - AWARD - REASONS - AMENDMENT OF ARBITRATION ACT - ARBITRATOR BOUND TO GIVE REASONS - AWARD NOT VALID WITHOUT REASONS ... Whether the arbitrator was bound to give reasons for the award? 2. ... Finding of the Court: The court held that the arbitrator was bound to give reasons for the award as per the amendment .......
1987 0 Supreme(Del) 337 • India - Delhi
JAGDISH CHANDRA
to give reasons for the award, and directed the Arbitrator to comply with this requirement. ... Reasons - Arbitration Award - The court directed the Arbitrator to provide reasons for claims 1, 7, and 11 as required by Clause ... Final Decision: The court remitted the award back to the Arbitrator and directed the Arbitrator to provide reasons in support ... A. raised a fundamenta....
1991 0 Supreme(Del) 512 • India - Delhi
JASPAL SINGH
TO GIVE REASONS FOR AWARD - AWARD SET ASIDE - ARBITRATOR EXCEEDING JURISDICTION - AWARD SET ASIDE. ... An arbitrator is required to give reasons for his award, and the court can set aside an award if the arbitrator fails to do so. 2 ... The arbitrator failed to give reasons for his conclusions, which was a violation of clause ....
1976 0 Supreme(Del) 65 • India - Delhi
M.S.JOSHI
ARBITRATION - MISCONDUCT OF ARBITRATOR - FAILURE TO GIVE REASONS FOR AWARD - AWARD SET ASIDE - ARBITRATION ACT, 1940, S. 30. ... Final Decision: The court set aside the award and remitted it to the arbitrator to give reasons for the award within two months ... An arbitrator is required to give reasons for the award when it is enjoined upon him....
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