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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Ananya Traders challenged an arbitrator under the Section 13(2) procedure, and the tribunal rejected the challenge. The tribunal then continued and passed an award against Ananya. Later, the Court sets aside the award on Ananya's application. Which statement is correct?

After an unsuccessful challenge the tribunal continues and makes the award, which Ananya may then challenge under Section 34. If the award is set aside on that application, the Court may decide whether the challenged arbitrator is entitled to any fees.

  1. AAnanya may apply to set aside the award under Section 34, and if it is set aside the Court may decide whether the challenged arbitrator is entitled to any feesCorrect
  2. BAnanya had to file an appeal under Section 59 against the rejection of the challenge
  3. CThe challenged arbitrator is automatically entitled to full fees
  4. DThe arbitrator's mandate terminated the moment the challenge was filed

Explanation

Under Section 13(4) the tribunal continues and makes an award when a challenge fails. Section 13(5) lets the challenging party apply to set aside the award under Section 34. Under Section 13(6), if the award is set aside, the Court may decide whether the challenged arbitrator is entitled to any fees. Section 59 concerns foreign awards and references, not this.

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