Question

The Arbitral proceeding shall stand terminated

• A. On making of the final award
• B. By an order of the arbitral tribunal
• C. When the parties to the dispute agrees to terminate proceedings
• D. All of the above

Hint:

Think of the ways a case can end: (1) Normal way: Final judgment (Final Award), (2) Parties agree to stop (Settlement/Agreement), (3) Court/Tribunal dismisses it for some reason (Order of the Tribunal). Section 32 of the Arbitration Act covers all these possibilities.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the ways in which arbitral proceedings can be terminated under the Arbitration and Conciliation Act, 1996.

Step 2: Detailed Explanation:
Section 32 of the Arbitration and Conciliation Act, 1996, deals with the "Termination of proceedings."
- Section 32(1) states: "The arbitral proceedings shall be terminated by the final arbitral award...". This corresponds to option (A). This is the normal way for proceedings to end.
- Section 32(2) provides other ways for termination. It states that the arbitral tribunal shall issue an order for the termination of the arbitral proceedings where—
(a) the claimant withdraws his claim;
(b) the parties agree on the termination of the proceedings; this corresponds to option (C).
(c) the tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
An order issued by the tribunal under Section 32(2) terminates the proceedings. This covers the general idea in option (B). For example, if the parties jointly inform the tribunal that they agree to terminate, the tribunal will issue an order to that effect.
Since the proceedings can be terminated by the final award, by agreement of the parties (formalized by a tribunal's order), or by an order of the tribunal for other reasons, all the listed options represent valid methods of termination.

Step 3: Final Answer:
The arbitral proceedings can be terminated by the making of the final award, by an order of the tribunal, or by agreement of the parties.