Report No. 76
8.11. Importance of the question.-
The importance of the question as to whether the words "is otherwise invalid" should be construed ejusdem generis has arisen in those cases wherein the validity of the award has been challenged on the ground that there was no valid reference to arbitration. The consequences which flowed from taking one view or the other were crucial, as they impinged upon the right of appeal against an order dealing with the objections to an award on the ground that there was no valid reference to arbitration.
One view was that such objections fell only within the ambit of section 33 and not that of section 30 and therefore there was no right of appeal under section 39 of the Arbitration Act. The other view was that such objections also felt under section 30, being covered by the expression "is otherwise invalid" and, as such, an appeal against such an order would be maintainable under section 39(1)(vi) of the Act.