⚖️ Shri Ganpati Jurists | Legal Insight Series
❓ Can a Legal Representative Challenge an Arbitral Award? If yes, HOW?
📌 Case: V.K. John vs. S. Mukanchand Bothra (HUF) & Ors.
🔍 Q1: If a party dies, do arbitration proceedings stop?
👉 No. The Arbitration and Conciliation Act, 1996 does NOT end proceedings upon death. Legal representatives step into the shoes of the deceased.
🔍 Q2: Can Legal Representatives challenge an arbitral award?
👉 Yes. They are treated as a “party” under the Act if they claim through the deceased.
🔍 Q3: What is the CORRECT legal remedy?
👉 File an application under Section 34 of the Arbitration Act.
🔍 Q4: Can they file under Article 227 or Section 115 CPC?
❌ No. Not maintainable.
The Supreme Court of India clarified that:
➡️ Arbitration Act is a complete code in itself
➡️ Alternative remedies like Article 227 or Section 115 CPC are NOT appropriate
🔍 Q5: Does the arbitral award bind legal representatives?
👉 Yes. Under Section 35, it binds:
✔️ Parties
✔️ AND persons claiming under them (including LRs)
💡 Key Takeaway:
⚖️ Legal Representatives must challenge arbitral awards strictly under Section 34 — not through supervisory or revisional jurisdiction.
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