CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award
The tribunal in a domestic dispute between Anand Pharma Ltd and Bhatia Distributors signed the final award on 10 March and handed a signed copy only to Anand Pharma. Bhatia Distributors learnt of the award informally. What does the Act require after the award is made?
A signed copy of the award must be delivered to each party. Giving it only to Anand Pharma does not comply with section 31(5), and Bhatia Distributors' informal knowledge of the result is no substitute for formal delivery of a signed copy.
- AA signed copy must be delivered to each partyCorrect
- BDelivery to the successful party alone is enough
- COnly an unsigned notice of the result need go to the losing party
- DDelivery is required only if the Court so directs
Explanation
Section 31(5) provides that after the award is made, a signed copy shall be delivered to each party. Delivering to only one party does not satisfy this. Informal knowledge is no substitute for a signed copy.
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