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Report No. 76

Chapter 5

Proceedings in the Court on an Award

5.1. Sections 15 to 17 and .- Scheme.-

After an arbitrator has made his award, one of the parties must obtain a judgment in terms of the award. Indian law, as enacted in the Arbitration Act, does not allow a party to enforce the award as such. This position, therefore, necessarily raises the question-What are the possible alternatives open to the court when its aid is sought for the purpose of making a decree in terms of the award? The law on the subject is scattered in several sections. Their inter-relationship would be better understood if they are viewed as constituting a set of alternatives available to the court on an application made for the purpose mentioned above. In the scheme of the Act, the court may-

(a) pass judgment in terms of the award (section 17), or

(b) modify or correct the award (section 15), or

(c) remit the award on any matter referred to arbitration for reconsideration by the arbitrator or umpire (section 16), or

(d) set aside the award (section 30).

In short, the court may totally accept the award, or totally reject it, or take the intermediate course of modifying it or remitting it with the implication that the arbitrator may modify it. Whether these alternatives are mutually exclusive is not a matter which needs to be considered at this stage.

Arbitration Act, 1940 Back

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