Arbitration application must be decide on basis of records

An appeal to set aside arbitration award is a summary procedure and it shall not be delayed by introducing rules for framing issues and oral evidence, the Supreme Court stated in its judgment, Emkay Global Finance Ltd vs Girdhar Sondhi. The Arbitration and Conciliation Act is meant to speed up the resolution of disputes. A proposed amendment to the law will totally dispose of evidence in the application for challenging the award.

The application should be decided by the records that were before the arbitrator. If more evidence is required it may be called for by affidavits. Cross-examination is not allowed unless necessary. The judgment, setting aside a Delhi High Court decision, was passed in a dispute between a registered broker with the National Stock Exchange and its client regarding a certain transaction in shares and securities.