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After arbitration, witness has no role

After an award is passed in an arbitration, there cannot be any examination or cross-examination of witnesses in court on an allegation of legal misconduct by the arbitrator. The court can only examine the records of the arbitration proceedings, the Supreme Court has stated in its judgment, Cochin Shipyard Ltd vs Apeejay Shipping Ltd. "Examination of any witness in court is impermissible to substantiate legal misconduct on the part of the arbitrator. It is because it must be palpable from the proceedings," the court said. In this case, the government undertaking agreed to build a ship for Apeejay. Disputes arose between them which were referred to arbitration by a retired Supreme Court judge. The shipyard moved the civil judge to execute the award of 2009. Apeejay then wanted to examine the arbitrator and the general manager (GM) on its allegation that the arbitrator was guilty of legal misconduct (not moral misconduct, which is different in law). The judge rejected it. The Kerala High Court also rejected the demand, but allowed the GM to be examined along with the records of arbitration. The shipyard, therefore, moved the Supreme Court against the demand for examination of witness. It ruled that the examination should be only of the evidence on record and not of witnesses through oral examination.

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