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2007 (7) TMI 406 - HIGH COURT OF BOMBAYArbitral award - Held that:- Under bye-law 260, an Award made by the Tribunal is subject to a challenge under section 34 of the Arbitration and Conciliation Act, 1996. Insofar as bye-law 274A is concerned, it is the nature of an additional submission or a second arbitration. It is open to the parties to the contract, either to opt for the same or not to opt for the same. If they opt for a second arbitration under the bye law 274A, then it is the Award passed in the second arbitration under bye law 274A which would be an award, which would be capable of being challenged under section 34 of the Act. So read, there would be no conflict. In the instant case, however, the challenge to the party was available under section 37(2) of the Act, 1996. Once that be the case, the second arbitration as invoked, was without the authority of law and as such the order dated 19-10-2006 would have to be set aside. It will be open to the respondent, considering the power conferred under section 37(2) to challenge that order by preferring an appeal.Rule is made partly absolute accordingly. There shall be no order as to costs.
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