Description
Misconduct – arbitral tribunal – Rule 8 of Arbitration Rules – submission agreement – functus officio.
- Misconduct is one of the grounds which the court may either set aside arbitral tribunal or remit it back for reconsideration (p. 2). The truthful of such misconduct cannot be determined at the stage of the preliminary objection (p. 3).
- Rule 8 of Arbitration Rules requires the petition to be attached with the original document of either the submission or award or special case. If the original document is not available then certified copy shall be attached (p. 3). The “submission” referred in Rule 8 of the Arbitration Rules is defined under Section 2 of the Act to mean “a written agreement to submit present or future differences to arbitration, whether an arbitrator is named or not” and not the counsels’ submissions made during the arbitral proceedings (3 – 4).
- The conclusivity of the arbitral award is in respect of properly procured award. Any award which has been improperly procured can be set aside by the court as per the provisions of Section 15 or 1 6 of the Arbitration Act (p. 4).
- Whether the submission agreement (authorising signatories to take part in arbitration) confers the authority or not to file a petition against an arbitral award is a matter of fact and law as such it cannot be termed as a pure point of law thus it lacks the quality of preliminary objection (p. 6).
- For the doctrine of functus officio to apply, the court must have pronounced itself on the issue (p. 6).
