Award - Law Dictionary Search Results
Home Dictionary Name: awardAward
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 shou...
Foreign award
Foreign award, an award in pursuance of an arbitration agreement governed by India Law, if the conditions under s. 44 are satisfied, will not cease to be a foreign award, merely because the arbitration agreement is governed by the law of India, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507: 2006 (5) SCALE 535: 2006 (6) Supreme 519: 2006 (4) SCJ 217: 2006 (7) SCJD 112: 2006 (20 Arb LR 547. [Arbitration and Conciliation Act, 1996, s. 44 & 2(e)]An award made outside India, even if governed by Indian Law, may be a foreign award but it must satisfy two conditions, viz., that it is made (i) in pursuance of an agreement in writing for arbitration to which the New York Convention applies, and (ii) in one of such territories which the Central Government has notified in the Official Gazette to be a territory to which the New York Convention applies, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507:...
Hybrid award
Hybrid award, which are neither speaking awards nor non-speaking - partly speaking and partly non-speaking awards. If the award made by the arbitrator is a non-speaking one the difficulty of showing that there is an error apparent on the face of the award becomes insurmountable and ordinarily such award cannot be challenged at all unless it is shown that the arbitrator has wholly travelled outside the contract which gives him the jurisdiction. In cases of speaking awards the court can interfere if there is an error apparent on the face of the award itself, Bharat Coking Coal Ltd. v. .K. Ahuja and Co., IR 2001 SC 1179 (1182): (2001) 4 SCC 86....
Any party bound by the award
Any party bound by the award, the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by a individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award, Associated Cement Companies v. Workmen, AIR 1960 SC 777 (781). [Industrial Disputes Act, 1947, s. 19(6)]...
Error apparent on the face of award
Error apparent on the face of award, an 'error on the face of an award' means that the Court must first find whether there is any legal proposition which is the basis of such an award. Where an award is challenged upon such a ground it is not permissible to read words into it or to draw inferences and the award or the order must be taken as it stands. (AIR 1923 PC 66 followed), Bharat Barrel & Drum Mfg. Co. v. L.K. Bose, AIR 1967 SC 361 (368): (1967) 1 SCR 739....
Make an award
Make an award, the expression 'make an award' is not tantamount to the preparation of an award on paper or even the signing of it by the Collector. This expression necessarily implies publication or announcement of the award or sufficient intima-tion of it so as to bring it to the knowledge of the party affected by it, Tilak Raj v. Prithi Pal Singh, AIR 1961 J&K 62 (64). [Land Acquisition Act, 1894, s. 18(2) Proviso Cl. (b)]...
award
award [Anglo-French awarder agarder to look at, decide on, impose, alteration of Old French esguarder to look at, from es-, intensive prefix + guarder to guard] 1 : to give in accordance with a judicial or administrative determination or decision [ punitive damages] 2 : to grant as deserved [ed the contract to the lowest bidder] n 1 : a judgment or final decision: as a : arbitrator's award b : a formal decision regarding benefits in a workers' compensation claim 2 : something granted esp. on the basis of merit or entitlement: as a : a contract won by a successful bidder b : relief usually in the form of money (as damages or alimony) granted to a party in a legal proceeding ...
An error of law on the face of the award
An error of law on the face of the award, means one can find in the award or a document actually incorporated thereto, as for instance a note appended by the arbitrator stating the reasons for his judgment, some legal proposition which is the basis of the award and which you can then say is erroneous, Champsex & Co. v. Jivraj Balloo Spg. and Wvg. Co. Ltd., (1922-23) 50 IA 324: AIR 1923 PC 66....
Error of law on the face of the award
Error of law on the face of the award, means that you can find in the award or a document actually incorporated thereto, as, for instance, a note appended by the arbitrator stating the reasons for his judgment, some legal proposition which is the basis of the award and which you can then say is erroneous, N. Chellappan v. Secretary, Kerala State Electricity Board, (1975) 1 SCC 289: AIR 1975 SC 230: (1975) 2 SCR 811....
Foreign awards
Foreign awards. The (English) Arbitration (Foreign Awards) Act, 1930 (20 Geo. 5, c. 15), provides for the enforcement of foreign arbitral awards subject to certain conditions....
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