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CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

A foreign award is sought to be enforced against Kiran Securities Ltd. The Court finds that the award contains decisions on matters submitted to arbitration and also decisions on matters beyond the scope of the submission, and the two can be separated. Under Section 48, what may the Court do?

The Court may enforce the part of the award that decides matters submitted to arbitration. The proviso to Section 48(1)(c) permits this where the decisions can be separated from those beyond the scope of the submission, so the entire award need not be refused.

  1. ARefuse the entire award because it is tainted by excess of scope
  2. BEnforce the part containing decisions on matters submitted to arbitrationCorrect
  3. CEnforce only the part dealing with matters beyond the submission
  4. DSend the whole dispute back to the stock exchange for fresh arbitration

Explanation

The proviso to Section 48(1)(c) says that if the decisions on matters submitted can be separated from those not submitted, the part containing decisions on matters submitted may be enforced. Refusing the whole award is therefore not required.

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