CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation
During arbitral proceedings, the parties settle their dispute and request the tribunal to record the settlement. Under section 30 of the Arbitration and Conciliation Act, 1996, what must the tribunal do, provided it does not object?
The tribunal must terminate the proceedings and, if the parties request and it does not object, record the settlement as an arbitral award on agreed terms. Section 30 gives that award the same status and effect as any other award on the substance of the dispute.
- AContinue the proceedings until a reasoned award on merits is made
- BTerminate the proceedings and, if requested, record the settlement as an arbitral award on agreed termsCorrect
- CRefer the settlement to a civil court for a decree
- DTreat the settlement as a mere contract with no award status
Explanation
Section 30(2) says that if parties settle during the proceedings, the tribunal shall terminate them and, if requested by the parties and not objected to by it, record the settlement as an award on agreed terms. Under section 30(4) this award has the same status and effect as any other award on substance.
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