nature of arbitral awards

Grounds to Challenge an Arbitral Award in India

Arbitration is a widely recognized alternative dispute resolution mechanism in India, offering parties a quicker and more cost-effective way to resolve their disputes outside of traditional court litigation. The final decision rendered by an arbitral tribunal is known as an arbitral award. While arbitration is considered a final and binding process, there are certain grounds on which a party can challenge an arbitral award in India. In this article, we will explore the various grounds available for challenging an arbitral award and the procedural aspects involved.

The Legal Framework for Challenging Arbitral Awards in India

The legal framework for challenging arbitral awards in India is primarily governed by the Arbitration and Conciliation Act, 1996 (the Act). The Act provides the grounds on which an award may be set aside or challenged. These grounds are exhaustive, meaning that the courts cannot review the merits of the award or reassess the evidence presented during arbitration.

Grounds for Challenge

Procedural Impropriety

One of the common grounds for challenging an arbitral award is procedural impropriety. This refers to situations where the arbitral tribunal has not followed the agreed-upon procedure or has violated the principles of natural justice. For instance, if a party is not given proper notice of the arbitration proceedings or is denied an opportunity to present its case, the award may be challenged on the grounds of procedural impropriety.

Excess of Jurisdiction

An arbitral award can be challenged if the arbitral tribunal exceeds its jurisdiction as defined in the arbitration agreement between the parties or as per the applicable law. If the tribunal decides on issues beyond the scope of the reference or grants relief not sought by the parties, it could be considered an excess of jurisdiction.

Public Policy Violation

The Act allows an award to be set aside if it is in conflict with the public policy of India. This ground is narrowly construed and applies in exceptional circumstances when the award’s enforcement would be against the fundamental policy of Indian law or if it is patently illegal or immoral.

Incompetence of Arbitrator

If an arbitrator is found to be lacking the necessary qualifications, impartiality, or independence, the award may be challenged on the grounds of incompetence of the arbitrator. This challenge must be based on reasonable evidence and not mere dissatisfaction with the arbitrator’s decision.

Violation of Natural Justice

The principle of natural justice demands that all parties are heard, and have a fair opportunity to present their case. If a party is denied this opportunity during the arbitration proceedings, the award can be challenged on the grounds of violating natural justice.

Invalid Arbitration Agreement

An award can be set aside if the court finds that the arbitration agreement itself is invalid or unenforceable. This could be due to reasons such as the incapacity of a party, lack of a valid agreement, or the agreement being induced by fraud or coercion.

Illegality of Subject Matter

If the subject matter of the dispute is illegal or against the public policy of India, the award can be challenged on the grounds of illegality. This ground can be raised if the underlying contract or the dispute itself involves illegal activities or is against the laws of India.

Contravention of Fundamental Policy of Indian Law

An award can be challenged if it contravenes the fundamental policy of Indian law. This ground is more narrowly construed than the public policy ground and is invoked in cases where the award violates the core values and principles of Indian law.

The Process of Challenging an Arbitral Award

A party seeking to challenge an arbitral award in India must file an application for setting aside the award before the relevant court within the prescribed time limit. Under the Act, the application must be filed within three months from the date of receipt of the award. The court then reviews the grounds raised in the application and examines the evidence presented to determine if any of the grounds for challenge are satisfied.

The courts are generally reluctant to interfere with arbitral awards unless there are clear and compelling reasons to do so. The burden of proof rests on the party challenging the award to demonstrate that one or more of the grounds for setting aside the award exists.

During the court proceedings, the court will not re-visit the merits of the dispute or re-assess the evidence presented during arbitration. The court’s role is limited to examining the legality and validity of the arbitral process and ensuring that the principles of natural justice were followed.

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Arbitration has emerged as a popular and effective method for resolving disputes in India. The finality and binding nature of arbitral awards ensure that the parties can put an end to their disputes promptly. However, the availability of grounds to challenge an arbitral award provides a necessary safety net to parties, ensuring that the arbitration process is conducted fairly and in accordance with the principles of natural justice.

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