LLOYED INSULATIONS (INDIA) LTD. Vs. FOREMEXX SPACE FRAMES

JUDGEMENT

(1.) Can an Arbitral Tribunal pass more than one award 'Does the Arbitration and Conciliation Act, 1996 (the Act) contemplate a Majority Award and a Minority Award' Can the Presiding Arbitrator direct the remaining two Arbitrators to write separate Awards and then adopt one, without giving separate or independent reasons either for accepting one and rejecting the other No, says Sri.S.Vinod Bhat - the learned counsel for the appellant. According to him, passing multiple awards and the procedure adopted by the Presiding Arbitrator in accepting one Award without giving his reasons for the same, are violations or breach of the provisions of Ss. 29 and 31 of the Act. We will examine the tenability of this argument advanced by the learned counsel for the appellant.

(2.) The appellant herein is the sole respondent and the respondent herein, the claimant in the arbitration proceedings before the Arbitral Tribunal consisting of three Arbitrators, namely, Mr. Justice J.B. Koshy, the Presiding Arbitrator; Mr. Justice K.A. Abdul Gafoor (Arbitrator no.1) and Mr. Justice K. Sampath (Arbitrator no.2). Aggrieved by the Award passed by the Arbitral Tribunal, the appellant herein moved the District Court under Sec. 34 of the Act. The court below partly set aside the Award. Not satisfied with the same, the present appeal has been filed. Parties will be referred to as described before the Arbitral Tribunal.

(3.) A brief reference to the facts of the case -