Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Which of the following statement is NOT correct in the context of arbitral award?

Options:

the arbitral award is binding on the disputing parties.

Once an arbitral award is rendered, it is recognised and enforced akin to a court pronounced judgment or order.

like a judgment rendered by a judge in the court, the award hold precedential value for future arbitrations.

None of the above

Correct Answer:

like a judgment rendered by a judge in the court, the award hold precedential value for future arbitrations.

Explanation:

The decision rendered by an arbitrator is known as an arbitral award. Similar to a judgment given by a judge, the arbitral award is binding on the disputing parties. Once an arbitral award is rendered, it is recognised and enforced (given effect to) akin to a court pronounced judgment or order. In addition to an arbitral award, the arbitrator also holds power and authority to grant interim measures, like a judge in the court. These interim measures are in the nature of a temporary relief and may be granted while the legal proceedings are on-going in order to preserve and protect certain rights of the parties, till the final award is rendered. Therefore, an arbitral award holds several similarities with a court order or judgment. However, unlike a judgment rendered by a judge in the court, the award does not hold precedential value (see the doctrine of stare decisis which means ´stand by the decision) for future arbitrations. Arbitrators are free to base their decisions on their own conception of what is fair and just. Thus unlike judges, they are not strictly required to follow the law or the reasoning of earlier case decisions.