Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
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Arbitration Law
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Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-ARB-Nov-1

J. Kodanda Rami Reddy Vs. State of A.P. & others

Head Note

Indian Arbitration Act, 1940  - Section 8 (2)

Appointment of Arbitrator by Court - Appointment made by Court after an arbitration agreement - Award by arbitrator not a nullity - Appointment not challenged and allowed to attain finality - Order of appointment challenged after the award was made and award made rule of Court - After adjudication that there was an arbitration agreement - Award by arbitrator not a nullity though it may be erroneous - Rule of finality would come into play in regard to the order under Section 8(2) of the Act appointing the Arbitrator.

The Code of Civil Procedure, 1908  - Section 2 (2)

Jurisdiction of Court to pass a decree - A decree will be a nullity only if it is passed by a Court usurping a jurisdiction it did not have - But a mere wrong exercise of jurisdiction or an erroneous decision by a Court having jurisdiction, will not result in a nullity - An order by a competent Court, even if erroneous, is binding, unless it is challenged and set aside by a higher forum - Be that as it may.

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