Question

Is the Arbitration award binding on the parties? (Yes/No)

Answer 1

Answer:

Under section 48 of the Arbitration Act, the court cannot enforce an award that is not binding on the parties. Indian courts have held that the award becomes binding between the parties if it was not challenged by the award debtor in the country where the award was passed and hence became executable.

Explanation:

Grounds for setting aside award.

(b) that an award has been made after the issue of an order by the Court superseding the arbitration or after arbitration proceedings have become invalid under section 35; (c) that an award has been improperly procured or is otherwise invalid.