Subsequent proceedings in arbitration matter and challenge of award passed by the arbitrator. I want to challenge arbitral award, so I want to know how to challenge that award? There was dispute regarding enhancement of construction work. The tender was allotted in 2006. It was responsibility of the government to provide land for construction. since there were some disputes between the state government and landowners, therefore, delay was caused in providing land to my company. In that turmoil the cost of the construction was enhanced. In the global slowdown in 2008 the price of steel became high. Because the grade and quality of steel required for the construction would have to be imported from China. My company requested the state government to enhance the project cost. The government was adamant to do the work on the value mentioned in the tender. When the dispute arose, my company availed arbitration proceedings. The arbitration and conciliation proceedings just completed and passed arbitral award in my favour. Please advise where to file execution proceeding in arbitral award. During the arbitration some applications were moved in the city civil court. But two applications were moved in the court of senior division. Those applications were disposed of. No other proceedings were either pending or disposed of by any other court. In this situation I am unable to understand where to file execution application. Whether I have to move application in the city civil court or before the civil judge senior division. Please help.
Asked from: Tamil Nadu
You have to file execution proceedings before the Citi Civil Court. The proceedings before the civil judge senior division were erroneous because according to the provisions of Section 34 of the Arbitration and Conciliation Act, civil judge senior division is not competent to hear the matter of arbitration. Either district judge or city civil court has the power to entertain matters related to the arbitration and conciliation. In JSW Steel vs Jindal Praxair Oxygen Co. Ltd. (2006) 11 SCC 521 the Supreme Court has held that:
Where in any reference any application under this act has been made in a court competent to entertain it, that court alone shall have jurisdiction over the arbitration proceedings and all subsequent applications arising out of that reference and the arbitration proceedings shall be made in that court and in no other court.
According to Section 2 (1) (e) of Arbitration and Conciliation Act, court means principal civil court of original jurisdiction in a district and includes the high court in exercise of its original jurisdiction. Hence, the court competent to hear and decide the matter pertaining to arbitration is either the District Judge or the City Civil Court. Civil judge senior division is not a competent court. Therefore, the subsequent and execution proceeding in arbitration matter shall be filed in the city civil court. You should file the execution proceeding in city civil court instead of senior division. For more legal help please visit Kanoon India.
Also read: Dismissal of suit for want of jurisdiction
