If a problem can be solved, no need of worry about it.... If a problem can not be solved, what is the use of worrying?
Wednesday, January 21, 2009
beyond the reference
If the arbitrator decides a dispute which is beyond the scope of his reference or beyond the subject-matter of the reference or he makes the award disregarding the terms of reference or the arbitration agreement or terms of the contract, it would be a jurisdictional error beyond the scope of reference; he cannot clothe himself to decide conclusively that dispute as it is an error of jurisdiction which requires to be ultimately decided by the Court.
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