After submission of award in court, explain the procedure and role of the court ?

(1) Introduction

After submission of award in court, role of court becomes very important. Court can modify, remit or set aside award or can pronounce judgment according to award, can pass interim orders or can supersede arbitration. It reveals that court can exercise several powers after submission of award. However, court has not been empowered to revise or consider award on merits.

(2) Procedure & Role Of Court After Submission Of Award In Court

Following points are important for explanation of procedure and role of court after submission of award in court:

(i) Modification of award

(ii) Remission of award

(iii) Setting aside of award

(iv) Judgment in terms of award

(v) Passing of interim orders

(vi) Superseding of arbitration

 

(i) Modification Of Award

Following points are important for procedure and role of court in respect of modification of award after submission of award in court:

(a) Matter, which has not been referred to

(b) Imperfection in form

(c) Obvious error

(d) Clerical mistakes or error

 

(a) Matter, Which Has Not Been Referred To Arbitration

Appears Court can modify or correct award when it that a part of award is upon a matter, which has not been referred to arbitration, and such part can be separated from other part and does not affect decision on referred matter

(b) Imperfection In Form

Court can modify or correct an award if award is imperfect in form.

(c) Obvious Error

Court can modify or correct an award when award contains any obvious error, which can be amended without affecting decision on referred matter.

(d) Clerical Mistakes Or Error

Court can modify or correct an award if award contains a clerical mistake or error, which arises from an accidental slip or omission.

(ii) Remission Of Award

Following points are important for procedure and role of court in respect of remission of award after submission of award in court:

(a) Grounds for remission of award

(b) Fixing & extension of time

 

(a) Grounds For Remission Of Award

Followings are ground on which court can remit award or any matter, which has been referred to arbitration:

(a-i) When matter, which has been referred, has remained undetermined

(a-ii) Determination of matter, which has not been referred

(a-iii) Indefinite award

(a-iv) Objection to legality of award

 

(a-i) When Matter, Which Has Been Referred, Has Remained Undetermined

Court can remit award or any matter, which has been referred to arbitration, when award has left undetermined any of those matters, which have been referred to arbitration

(a-ii) Determination Of Matter, Which Has Not Been Referred

Court can remit award or any matter, which has been referred to arbitration if award determines any matter, which has not been referred to arbitration and such matter cannot be separated without affecting determination of those matters, which have been referred to arbitation.

(a-iii) Indefinite Award

Court can remit award when award is so indefinite that it is incapable of execution

(a-iv) Objection To Legality Of Award

Court can remit award if an objection to legality of award is apparent upon the fact of it.

 

(b) Fixing & Extension Of Time

If award is remitted to arbitrator or umpire, court is to fix that time within which arbitrator or umpire is to submit his/her decision to court. However, this fixed time can be any time extended by subsequent order of court.

(iii) Setting Aside Of Award

Following points are important for procedure and role of court in respect of setting aside of award after submission of award in court:

(a) Misconduct of arbitrator or umpire

(b) Misconduct in arbitration proceedings

(c) Making of award after supersession of arbitration

(d) Making of award after arbitration proceedings become invalid

(e) Improper obtaining of award

(f) Invalid award

 

(a) Misconduct Of Arbitrator Or Umpire

Court can set aside award when arbitrator or umpire has misconducted himself/herself

(b) Misconduct In Arbitration Proceedings

Court can set aside award if arbitrator or umpire has misconducted arbitration proceedings.

(c) Making Of Award After Supersession Of Arbitration

Court can set aside award when court has already ordered to supersede arbitration.

(d) Making Of Award After Arbitration Proceedings Become Invalid

Court can set aside award if arbitration proceedings have already become invalid under Section No. 35 of Arbitration Act.

(e) Improper Obtaining Of Award

Court can set aside award when award is improperly procured.

(f) Invalid Award

Court can set aside award if award is otherwise invalid.

(iv) Judgment In Terms Of Award

Following points are important for procedure and role of court in respect of pronouncing of judgment in terms of award after submission of award in court:

(a) Judgment

(b) Decree

 

(a) Judgment

In either of following two cases, court is to pronounce judgment in terms of award:

(a-i) expiration of time

(a-ii) Refusal of application

 

(a-i) Expiration Of Time

Court is to proceed to pronounce judgment according to award when court sees no cause to remit award or any of those matters, which have been referred to arbitration, for reconsideration or when court sees no cause to set aside award and time for making an application to set aside award has expired.

(a-ii) Refusal Of Application

Court is to proceed to pronounce judgment according to award if court sees no cause to remit award or any of those matters, which have been referred to arbitration, for reconsideration or if court sees no cause to set aside award and application for setting aside award has been made, but court has refused such application.

(b) Decree

Upon pronouncement of this judgment, decree is to follow.

(v) Passing Of Interim Orders

Following points are important for procedure and role of court in respect of passing of interim orders after submission of award in court:

(a) Passing of necessary interim orders

(b) Passing of further necessary & just orders

 

(a) Passing Of Necessary Interim Orders

If court is satisfied by affidavit or otherwise that a party has taken or is about to take steps to defeat, delay or obstruct execution of any decree that is passed upon award or that speedy execution of award is just and necessary, it can pass those interim orders, which it deems necessary.

(b) Passing Of Further Necessary & Just Orders

When any person against whom such interim orders have been passed shows cause against such orders, court can hear parties and can pass those further orders, which it deems necessary and just

(vi) Superseding Of Arbitration

When award has been remitted and it has become void because arbitrator or umpire has failed to reconsider it and submit his/her decision within fixed time or when award has been set aside, court can supersede reference and can order that arbitration agreement shall cease to have effect with respect to referred difference.

(3) Conclusion

To conclude, it can be stated that court is to decide about existence or validity of arbitration agreement or award or is to determine effect of arbitration agreement or award when any party to an arbitration agreement or any person, who claims under him/her, files application to court to challenge existence or validity of arbitration agreement or award or to have effect of arbitration agreement or award determined. Even court can set down this application for hearing on other evidence, and it can pass such orders for discovery and particulars as it may do in a suit when it deems it just and expedient.

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