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Report No. 76

4.47. Likelihood of awards being challenged.-

The previous experience, in fact, points out that it is awards in corporating reasons which have generally been quashed in court. The awards not giving reasons have survived the attack on their validity, unless the arbitrator is otherwise shown to have misconducted himself or his award suffers from some other technical defect. Once we have the compulsion for the incorporation of reasons in the award given by the arbitrators, validity of inost of the awards, in our opinion, would not be able to survive in court. As such, the object of the Arbitration Act would be substantially defeated.



Arbitration Act, 1940 Back




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