Appeals,Arbitration
Appeal against arbitration award execution petition
I had been awarded an award in arbitration against my sundry debtor and the award has been converted into decree , the execution petition has been fled in high court, the opposing party has filed an appeal against the execution petition and requested stay on the same . The grounds for objection in arbitration was non validity of arbitration clause on the opposing party in spite of a arbitration clause in our invoice. The objection was overruled and the award made valid. On what grounds can he appeal against the execution petition and what can we do to make our legal case strong?
By  Ridhima  |  04 Mar 2016  |  Upvotes: 0  | 

2 Answer(s)

Vishal Kumar Thakur
Advocate

The decision of Arbitrator is final and no appeal lies against the same.However an objections against award can be filed u/s 34 of Arbitration and Conciliation Act 1986 but on limited grounds.If the award is against public policy or passed by Arbitrator beyond the scope of agreement or without having jurisdiction are the grounds on which award can be set aside else not.

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Ravindra Purohit
Advocate
The burden of proof lies upon the person who makes the appeal to the court praying to set aside the arbitration award. It is the duty of such appellant to prove the allegations beyond the reasonable doubt. The court must satisfy with the evidence submitted by such appellant.
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