An Arbitral Award is not in reality a Court Decree as defined under Section 2(2) of the CPC, 1908, Objections under Section 47 of CPC, 1908 cannot be allowed in proceedings under Section 36 of Arbitration & Conciliation Act, 1996 – State of U.P. and Ors. Vs. Shri Raj Veer Singh – Allahabad High Court
Issues in this case:
(i) Whether an Arbitral Award is a Court Decree?
(ii) Interpretation of Section 36 of Arbitration & Conciliation Act, 1996 with Section 47 of the CPC, 1908
(iii) Key distinction between Court Decrees and Arbitral Awards
(iv) Objections in Execution Proceedings under Section 36 of the Arbitration & Conciliation Act, 1996
(v) Writ Jurisdiction cannot be invoked to challenge an Arbitral Award
(vi) Imposition of Costs in cases of frivolous litigation