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Issues: Whether a legal representative aggrieved by an arbitral award must challenge it under Section 34 of the Arbitration and Conciliation Act, 1996, or may invoke Article 227 of the Constitution of India and Section 115 of the Code of Civil Procedure, 1908.
Analysis: The Arbitration and Conciliation Act, 1996 is a complete code governing arbitral proceedings and the setting aside of awards. Section 34 provides the exclusive statutory route for recourse against an arbitral award, while Sections 35 and 40 extend the effect and enforceability of arbitral proceedings and awards to parties claiming under deceased parties and to legal representatives. In that statutory scheme, legal representatives step into the shoes of the deceased party for purposes of both enforcement and challenge. Denying them access to Section 34 would make them remediless while exposing them to the binding effect of the award. The extraordinary supervisory jurisdiction under Article 227 and revisional jurisdiction under Section 115 of the Code of Civil Procedure cannot be used to bypass the statutory mechanism.
Conclusion: A legal representative seeking to challenge an arbitral award must proceed under Section 34 of the Arbitration and Conciliation Act, 1996, and not under Article 227 of the Constitution of India or Section 115 of the Code of Civil Procedure, 1908.
Ratio Decidendi: Where an arbitral award binds the estate of a deceased party, the legal representative who represents that estate is entitled to challenge the award only through the statutory remedy under Section 34 of the Arbitration and Conciliation Act, 1996.
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