Is arbitration award required to be registered?
However, under Section 17 of the Registration Act (documents of which registration is compulsory) an arbitral award has to be compulsorily registered if it affects immovable property.
Can you keep arbitration awards private?
There are no express rules in the Civil Procedure Rules (CPR) or Arbitration Act 1996 governing the confidentiality of arbitrations in related court proceedings. It will be at the court’s discretion whether or not details of an underlying arbitration are made publicly available.
Are arbitration agreements legal in Canada?
Canadian courts have long enforced arbitration agreements freely agreed to by the parties. Unless it is clear that the agreement is void, inoperative, or incapable of being enforced, Canadian courts typically defer to the parties’ intent and broadly interpret and enforce arbitration agreements.
Are arbitration awards public?
“Arbitrations and their outcomes are generally confidential, but your opponent may make public disclosures about the proceedings, and if one of the parties asks the court to take action with respect to the award, the award may well become public,” agrees Marinello.
How do you execute an arbitration award?
Arbitral awards are enforced as a decree of the Court and principles of natural justice apply to the execution proceedings. The execution of the domestic awards are dealt with by the provisions of Part I of the Arbitration and Conciliation Act 1996, while the foreign awards are dealt with by Part II of the Act.
What is meant by arbitral award?
Accordingly, an arbitral award could be defined as the final and binding decision made by a sole arbitrator or an arbitral tribunal, which resolves, wholly or in part, the dispute submitted to his/its jurisdiction.
Who should decide arbitration confidentiality issues?
Insofar as the parties to the arbitration are also parties to the litigation, given that the arbitral tribunal has the power to rule on issues such as the scope of the arbitration agreement (including the implied term of confidentiality within it), it is generally accepted that the arbitral tribunal, rather than the …
Where can arbitration award be enforced?
The Karnataka High Court in the case of I.C.D.S Limited v. Mangala Builders Pvt. Ltd. and ors.8, which was relied upon by the Bombay High Court in Eskay Engineers, also held that the Court that exercises the power under Section 34 of the Act alone has the jurisdiction to entertain the enforcement of the arbitral award.