Discuss the power of Arbitrator in Arbitration Act.

(1) Introduction

Arbitration Act has granted some specific powers to arbitrator. However, all these powers are subject to arbitration agreement. In other words, arbitrator is to exercise those powers, which are mentioned in arbitration agreement, and he/she cannot go beyond those powers, which are delegated to him/her through arbitration agreement.

(2) Powers Of Arbitrator

Followings are powers of arbitrator:

(i) Administration of oath

(ii) Substance of matter & relief

(iii) Opinion of court

(iv) Making of award

(v) Amendment of plaint

(vi) Correction of award

(vii) Direction for payment

(viii) Administration of interrogatories

 

(i) Administration Of Oath

Arbitrator has power to administer oath to those parties and witnesses, who appear.

(ii) Substance Of Matter & Relief

Arbitrator possesses power to look into substance of matter and to find out that relief, which has been prayed.

(iii) Opinion Of Court

Here following points are important:

(a) Special case

(b) Award

 

(a) Special Case

Arbitrator has power to state a special case for opinion of court on any question of law, which is involved in that matter, which has been referred to him/her.

(b) Award

Arbitrator possesses power to state award for opinion of court on any question of law, which is involved in that matter, which has been referred to him/her.

(iv) Making Of Award

Arbitrator has power to make award conditional or in alternative.

(a) Special Case

Arbitrator has power to state a special case for opinion of court on any question of law, which is involved in that matter, which has been referred to him/her.

(b) Award

Arbitrator possesses power to state award for opinion of court on any question of law, which is involved in that matter, which has been referred to him/her.

(iv) Making Of Award

Arbitrator has power to make award conditional or in alternative.

(v) Amendment Of Plaint

Arbitrator possesses power to allow amendment of plaint especially when whole suit has been referred to him/her.

(vi) Correction Of Award

In award, arbitrator can correct any clerical mistake or error, which arises from any accidental slip or omission.

(vii) Direction For Payment

Arbitrator has power to give direction for payment by installments.

(viii) Administration Of Interrogatories

Arbitrator has power to administer to any party to arbitration those interrogatories, which arbitrator considers necessary.

(3) Conclusion

To conclude, it can be stated that arbitrator can make an interim award if he/she thinks fit. However, arbitrator can make interim award only when different intention does not appear in arbitration agreement.

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