What is Section 33 of arbitration?
Asked by: Ms. Yasmin Hermann | Last update: September 28, 2023Score: 4.6/5 (41 votes)
1. Under section 33(1) (a) only computation, clerical or typographical errors described hereinabove may be rectified by the Tribunal within a period of 30 days from the receipt of Arbitral award, on an application by any of the parties with a notice to other party.
What is Section 33 of the arbitration Act?
(a) a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award".
What is Section 32 of arbitration?
(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
What is Section 35 of arbitration?
Finality of arbitral awards. According to Section 35 of Arbitration and Conciliation Act, 1996 : Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.
What is Section 37 of arbitration?
an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the ...
Sec 32 and sec 33 arbitration and conciliation act 1996 termination of arbitration tribunal
What is Section 31 of arbitration?
(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
What is Section 43 of arbitration?
43. Power of Court to issue processes for appearance before arbitrator. (1) The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.
What is Section 40 of the arbitration Act?
(1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased.
What is Section 38 of arbitration?
Scope of Section 38 of Arbitration and Conciliation Act
Section 38 of A&C Act deals with deposits to be made by the parties in relation to the arbitral proceedings. The arbitral tribunal in its wisdom is empowered to fix the amount of deposit or supplementary deposits as an advance for the costs of arbitration.
What is Section 28 of arbitration?
28. Power to Court only to enlarge time for making award. (1) The Court may, if it thinks fit, whether the time for making the award has expired or not and whether the award has been made or not enlarge from time to time the time for making the award.
What is Section 50 of the arbitration Act?
(a) refer the parties to arbitration under section 45; (b) enforce a foreign award under section 48, to the court authorised by law to hear appeals from such order.
What is Section 39 of arbitration?
Section 39 of the Arbitration and Conciliation Act, 1996 deals with lien i.e a right to keep possession of property belonging to another person until a debt owed by that person is discharged, on arbitral awards.
What is Section 4 of arbitration?
4. Agreement that arbitrators be appointed by the third party. The parties to an arbitration agreement may agree that any reference thereunder shall be to an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office or appointment.
What is Section 36 of arbitration?
Section 36 of the Arbitration and Conciliation Act lays that Enforcement of an arbitral award in a Domestic Arbitration is to be carried out in the same manner as done in a decree passed by the court.
What is under section 34 of arbitration act?
Section 34 Arbitration Act: Limitation
The application for challenge against the arbitration award should be submitted within 3 months of receiving the same. However, additional 30 days may be granted in case of some procedural delay through authorities. In case of The State of Maharashtra & Ors. v.
What is Section 73 of arbitration?
73 Loss of right to object.
does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.
What is Section 62 of the arbitration?
Section 62 provides for the commencement of proceedings for conciliation. For the purpose of settling the dispute through the process of conciliation all what is required is a proposal in writing and its acceptance thereof.
What is Section 72 of arbitration?
72. Suggestions by parties for settlement of dispute. —Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute.
What is Section 9 of arbitration?
Section 9 of the Act stipulates the powers of the court to grant interim relief before or during the arbitral proceedings or after the passing of the arbitral award and also lays down a restriction under clause (3) after the constitution of the Arbitral Tribunal unless such circumstances exist which may render a remedy ...
What is Section 30 of arbitration Act?
(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.
What is Section 44 of arbitration?
Section 44 of the Arbitration & Conciliation Act 1996 defines a "foreign award" as an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India. c) justice or morality.
What is Section 23 of arbitration?
(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise ...
What is Section 6 of arbitration?
6. Arbitration agreement not to be discharged by death of party thereto. (1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such event be enforceable by or against the legal representative of the deceased.
What is Section 61 of the Arbitration Act?
(1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto.
What is Section 9 and 17 arbitration?
Section 9 of the Arbitration and Conciliation Act empowers Civil Court to grant interim reliefs. Whereas Section 17 of the Arbitration and Conciliation Act empowers Arbitral Tribunal to grant interim reliefs.