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Remedy for Legal Heir to challenge Arbitral Award

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On 2.1.2018, the preliminary decree in the suit of 1995 filed by the appellant against his uncle Appu was passed for his share in the subject property.

On 20.4.2007, there was agreement of sale between Appu John – paternal uncle of the appellant and the respondent no.1 for sale of the property.

On 28.7.2007 Appu passed away.

In 2011, the respondent no.1 initiated arbitration for violation of agreement against the respondent no.2 A Philip showing him as legal heir of Apu.

On 21.2.2011, the arbitral award was passed directing the respondent no.2 Phillip to execute the sale deed.

On 10.8.2011, the execution petition was filed.

On 28.8.2012, the appellant was only informed about the arbitral proceedings.

The appellant got impleaded in the execution petition.

In 2013, the appellant challenged the award in the civil revision application.  The High Court dismissed the revision holding that the remedy lies in the Arbitration Act.

Judgment dated 20.4.2026 of the Supreme Court of India in SLP (Civil) No.16162 of 2023 of V.K.John  Vs. S. Mukanchand Bothra and HUF (Died) represented by L.Rs and others

The scheme of the Arbitration Act, does not envision arbitration proceedings to cease with the death of a party. Section 35 of the Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’. We also make reference to Section 40 which reads: “40. Arbitration agreement not to be discharged by death of party thereto.

when the scheme of the Act is towards continuity of arbitral proceedings, in the event of death of a party, the natural corollary, evident from the definition clause itself, is that upon the death of a party, legal representatives’ step into the shoes of a party for the purposes of the Act.

Moreover, in the considered view of this Court, when an award has been made enforceable against the legal representatives of a deceased party under the Act, the right to challenge such an award, which is available under the Act to the parties, also has to  naturally flow to the said legal representatives.

Arbitral Award does not Aate by Death – Remedy for Legal Heir

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