https://www.taxtmi.com/caselaws?id=278846 An unfiled private arbitral award under the Indian Arbitration Act, 1940 cannot ordinarily be pleaded as a defence to a suit on the original cause of action, because the Act requires questions about an award's existence, validity and effect to be dealt with only through the statutory procedure. The position is different where the award has been fully performed, in which case the defence rests on accord and satisfaction. A later mutual acceptance and acting upon the award can also create a fresh defence based on settlement by agreement. If arbitrators send the award to court, it may still be filed, and its validity may then be challenged under the Act's remedies. en-us Fri, 22 Mar 1963 00:00:00 +0530 Fri, 22 Feb 2019 17:40:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=278846 An unfiled private arbitral award under the Indian Arbitration Act, 1940 cannot ordinarily be pleaded as a defence to a suit on the original cause of action, because the Act requires questions about an award's existence, validity and effect to be dealt with only through the statutory procedure. The position is different where the award has been fully performed, in which case the defence rests on accord and satisfaction. A later mutual acceptance and acting upon the award can also create a fresh defence based on settlement by agreement. If arbitrators send the award to court, it may still be filed, and its validity may then be challenged under the Act's remedies. Case-Laws Indian Laws Fri, 22 Mar 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=278846