CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award
A tribunal seated at Hyderabad by agreement between Desai Motors Ltd and Khan Auto Parts passes an award that carries no signature date and does not name the place of arbitration, though it is signed and reasoned. Which defect does this show under the Act's requirements on form and contents?
The award is defective because it omits the date and the place of arbitration. The Act requires every award to state its date and the place of arbitration determined under section 20, and the award is deemed made at that place. Signature and reasons alone do not satisfy this requirement.
- ANo defect, since only a signature and reasons are required
- BThe award fails to state its date and the place of arbitration as determined under section 20, as the Act requiresCorrect
- CThe award is defective only because it was not delivered to the Court
- DThe award is defective only because no interest was awarded
Explanation
Section 31(4) requires the award to state its date and the place of arbitration as determined under section 20. Signature and reasons under section 31(1) and (3) are not enough. Interest under section 31(7) is discretionary, and nothing requires delivery to the Court.
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