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CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration

In a Geneva Convention arbitration, the tribunal gave an award on the supply dispute referred to it and also decided a separate loan dispute never submitted to arbitration. The award has not covered all the differences that were submitted. Which statement matches the proviso to section 57(2)?

Where the award has not covered all differences submitted, the Court may, if it thinks fit, postpone enforcement or grant it subject to such guarantee as it decides. The proviso gives discretion; it does not compel immediate enforcement or automatic annulment.

  1. AThe Court must in every case enforce the supply part immediately
  2. BThe Court may, if it thinks fit, postpone enforcement or grant it subject to such guarantee as it decides, where the award has not covered all the differences submittedCorrect
  3. CThe Court must set the whole award aside under the Act
  4. DThe Court must refer the loan dispute to the Central Government

Explanation

Section 57(2)(c) requires refusal where the award goes beyond the submission. Its proviso says that if the award has not covered all differences submitted, the Court may, if it thinks fit, postpone enforcement or grant it subject to a guarantee. The Court has discretion, not a fixed duty.

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