Case Name : M/s Centrograde Minerals and Metals Inc vs Hindustan Copper Ltd
Case Reference: (2016) 9 SCR 83 :
Neutral Citation:
Case Number: CA 2562/2006
Court: Supreme Court
Bench: 03
Coram: Madan B Lokur (Author), R Agrawal, Dr D Y Chandrachud
Date: 15.12.2016
All awards are decisions of the arbitral tribunal, but all decisions are not awards: (Para 9) A decision is generic, but an award is a specific decision that affects the rights of the parties, has important consequences and can be enforced Relying on Article 31(1) UNCITRAL: An award must conclude the dispute as to the specific issue determined in the award so that it is res judicata effect between the parties. If it a final award, it terminates the tribunal’s jurisdiction. An award disposes of parties’ respective claims An award may be confirmed by recognition and enforcement An award may be challenged in the courts of the place of arbitration
There’s a distinction between an award and decisions such as procedural orders and directions: (Para 10) An award has finality attached to a decision on a substantive issue. The term award is generally reserved for decisions that finally determine the substantive issues; as opposed to procedural orders and directions, which are concerned with the conduct of the arbitration. Procedural orders and directions help move arbitration forward; deal with matters such as exchange of written evidence, production of documents and arrangements for conduct of hearing They do not have the status of awards. They can be called into question only after the final award has been made (as evidence of ‘bias’ or ‘lack of due process’) An arbitral award is defined as a final decision on all or part of the dispute submitted, whether it concerns the merits of the dispute, jurisdiction or a procedural issue leading them to end the proceedings (Para 11) There are four aspects of an awards: Made by arbitrators Resolves a dispute Is a binding decision It may be partial
Recourse to a court being available to a party does not prohibit the parties from mutually agreeing to a second look at an award, and an appeal from decision rendered at the first instance (Para 28)
What is an awardincomplete
Refer also: Garikapatti Veeraya vs N Subbiah Choudhury
See also: A&C Act, 1996 - Section 34 A&C Act, 1996 - Section 35 UNCITRAL - Article 31
PDF: [[Centrograde Minerals and Metals Inc vs Hindustan Copper, [2016] 9 SCR 83.pdf]]