Hendrick Appu vs Juanis Naide – clr volume 3 page 060

In the case between the plaintiffs (claiming title to a parcel of land) and the defendant (who acquired title through purchase following a fiscal sale related to a mortgage bond), the court addressed the issue of whether a court could modify or correct an arbitration award without an application by a party under section 687 of the Civil Procedure Code, and whether the award’s order requiring the plaintiffs to pay the defendant the principal and interest on a bond was valid when that matter was not included in the reference to arbitration. It was held that the court possessed authority to modify an award on its own motion if the arbitrator exceeded the terms of reference, reaffirming the principle that an arbitration award is only valid as to matters submitted for arbitration. Reliance was

REF: clr volume 3 page 060 Category: Tag:
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