Award - Definition - Law Dictionary Home Dictionary Definition award

Definition :

Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof should be given to all the parties that it is made and ready to be delivered: and if the submission direct that it be delivered to the parties by a certain day, in order to be valid it must be so delivered accordingly. It is usual for an arbitrator to keep the award until his costs are paid. The award must be stamped with a 10s. stamp.

Any words expressive of a decision are an award. Recitals are unnecessary. The award must be entire, final, on all the matters referred, or it will be void in toto; unconditional, but it may be alternative, without reservation or delegation, except as to ministerial acts, certain, mutual, possible, and consistent, without palpable mistake; when partly good and partly bad, the good part, if separable from the bad, will be valid.

A valid award is ordinarily final and conclusive on all matters referred by the submission, but it may be stated in the form of a case for the High Court, unless the submission exclude such power. The arbitrator himself may correct any clerical error or omission in his award.

An award maybe set aside when:-

(1) An arbitrator or umpire has misconducted himself [for example of technical mis-conduct see Williams v. Wallis and Cox, 1914 (2) KB 478], or the arbitration or award has been improperly procured (Arbitration Act, 1889, s. 11);

(2) The award discloses a manifestly mistaken decision in law or fact;

(3) The award is nullity, e.g., made after time has expired or the submission has been revoked;

(4) It is not final;

(5) It is uncertain;

(6) The arbitrator has exceeded his authority;

(7) The arbitrator has failed to use reasonable despatch in making the award.

When new and material evidence has been subsequently discovered, the award may be remitted to the arbitrator for reconsideration.

An interim award may be made and a special case may be stated on any question of law arising thereunder.

The sum awarded carries interest unless otherwise directed.

See the (English) Arbitration Acts, 1889-1934, ARBITRATION; REFEREE; and Russell on Arbitration.

An appeal from an application to enforce an award lies to the Court of Appeal, and not to the Divisional Court [Re Colman and Watson, 1908 (1) KB 47].

Means to grant by formal process or by judicial decree e.g. to company awarded the contact to the low bidder e.g. the jury awarded punitive damages, Black Law Dictionary, 7th Edn., p. 132.

Means a final judgment or decision, esp. one by an arbitrator or by a jury assessing damages, Black Law Dictionary, 7th Edn., p. 132.

An 'award' of the Motor Accidents Claims Tribunal is not a decree, sentence or an award and as such the time spent in obtaining a copy of the award of the said tribunal cannot be excluded, Union of India v. Manzoor Ahmad, AIR 1982 J&K 6.

Means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under s. 10A. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (b)].

Means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal, or National Tribunal constituted under the Industrial Disputes Act, 1947, or by any other authority constituted under any corresponding law relating to investigation and settlement of industrial disputes in force in a State and includes an arbitration award made under section 10A of that Act or under that law. Payment of Bonus Act, 1965 (21 of 1965), s. 2(7).

The expression 'award' is to be distinguished from the expression 'decree', Union of India v. Zora Singh, (1992) 1 SCC 673 (679). [Land Acquisition Act 1894, s. 23 (1A)]

Award includes part of the award, K.K. John v. State of Goa, (2003) 8 SCC 193. [Arbitration Act, 1940, s. 16(3)]

The expression 'award' is used in the sense of 'give' or 'giving' and not in any technical sense, as something distinct in character from judgment and/or decree, K.S. Pariapoornan v. State of Kerala, AIR 1992 SC 1488 (1493): (1992) 1 SCC 1488. [Land Acquisition Act, 1894, s. 23(1A)]