Whether the court is competent to convert the award into decree. Explain the prerequisite conditions?(Sec. 17)

(1) Introduction

It is usually considered that Section No. 17 of Arbitration Act is about power of court for pronouncement of judgment in terms of award. However, reality is that this section also explains other powers of court. Among these other powers, one power is to remit or set aside award when application of objections is filed, and other power is suo motu power to remit or set aside award when no application of objections is filed, and another power is to convert award into decree.

(2) Section No. 17 Of Arbitration Act

Following points are important for explanation of Section No. 17 of Arbitration Act:

(i) Judgment & decree

(ii) Non-appealable decree

(iii) Exception

 

(i) Judgment

This section has empowered court to pronounce judgment in terms of award. This section has also settled that decree is to follow upon pronouncement of this judgment. However, following conditions should be fulfilled before judgment is pronounced and decree follows:

(a) Notice of filing of award

(b) Expiration of time

(c) Refusal of application

 

(a) Notice Of Filing Of Award

Court should give notice of filing of award to parties.

(b) 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.

(c) 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 of award has been made, but court has refused such application.

(ii) Non-appealable Decree

No appeal lies from this decree, which is made under this section.

(iii) Exception

In this section, exception is that appeal lies from this decree on following grounds:

(a) In excess of award

(b) Not in accordance with award

 

(a) In Excess Of Award

This decree is appealable when it is in excess of award.

(b) Not In Accordance With Award

This decree is appealable if it is not otherwise in accordance with award.

(3) Conclusion

To conclude, it can be stated that court cannot proceed to pronounce judgment according to award when time for making an application to set aside award has not been expired. And if court proceeds to pronounce judgment according to award without waiting for expiry of this time and decree also follows, then appeal is maintainable against this decree.

Leave a Reply

Your email address will not be published. Required fields are marked *

B i l a l - T a h i r