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Question

An arbitration award is binding on

The correct answer is
The parties to the arbitration agreement.

Arbitration Award Binding Force

An arbitration award represents the final decision made by an arbitrator or panel of arbitrators in a dispute. The core principle governing its enforceability is the consent of the parties involved.

Determining Binding Parties

The authority of the arbitrator and the binding nature of the award stem directly from the arbitration agreement signed by the disputing parties. This agreement outlines the terms under which the parties consent to resolve their differences through arbitration.

  • Basis of Authority: Only individuals or entities who are signatories to the arbitration agreement have voluntarily submitted themselves to the arbitration process.
  • Scope of Award: Consequently, the resulting arbitration award is legally binding only upon these specific parties to the arbitration agreement. It does not automatically extend to third parties who are not part of this agreement, even if they are involved in the underlying dispute or related activities.

Analysis of Options

Based on this principle:

  • Option 1 is incorrect because the award isn't necessarily binding on *all* parties to the dispute if some haven't agreed to arbitrate.
  • Option 2 is incorrect as it imposes conditions (workmen, date of dispute) not inherent to the general binding nature of an award.
  • Option 4 is incorrect because while summoned parties appear, their ultimate subjection to the award depends on their prior agreement to arbitrate or legal obligations arising from it.
  • Option 3 correctly identifies that the award binds the individuals or entities who explicitly agreed to the arbitration process via the arbitration agreement.

Therefore, the arbitration award is binding on the parties who entered into the arbitration agreement.

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Important Questions from Trade Unions

  1. The Industrial Disputes Act, 1947 has provided a machinery for settlement of industrial disputes. Which amongst the following machinery has NOT been provided under the Act ?
  2. Who among the following was the first one to use the term 'Collective Bargaining?

  3. In the context of regional economic integration, which of the following equations is not correct?

  4. Which one of the following types of strike is without the consent of official of union?

  5. Which of the following statements is/are true ?

    (i) The concept of wage boards was first enunciated by the Minimum Wage Committee.

    (ii) A wage board is bipartite in character.

    (iii) Representatives of employers and workers on wage board are appointed by the government after consulting the concerned organisations.

    Choose the correct answer from the code given below :

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