CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award
After signing a final award in a dispute between Mehta Pharma Ltd and Iyer Distributors, the tribunal's secretary emails an unsigned summary of the findings to both parties' counsel and keeps the signed original in the tribunal's file. Which statement correctly applies the Act on delivery?
Delivery is not complete. The Act requires that, after the award is made, a signed copy be delivered to each party. An unsigned summary sent to counsel does not meet that requirement, and filing the award in Court is not the prescribed way of delivering it.
- ADelivery is complete because the parties know the outcome
- BDelivery is complete if the unsigned summary is sent to the counsel of both parties
- CDelivery is complete once the award is filed with the Court
- DDelivery is not complete, because after the award is made a signed copy must be delivered to each partyCorrect
Explanation
Section 31(5) says that after the award is made, a signed copy shall be delivered to each party. An unsigned summary is not a signed copy, and it was not delivered to the parties as required. Filing in Court is not the prescribed mode of delivery.
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