Arbitration and conciliation act 1996 section 34

Section 34 of the arbitration and conciliation act, 1996 hereinafter referred to as the 1996 act stipulates grounds to challenge the arbitral. Time limitation under section 34 singhania and partners. Arbitration and conciliation act, 1996 bare acts law. Prior notice requirement section 345 of arbitration and. Mar 09, 2020 the paper will then go on to address in brief cases in which the arbitration and conciliation act, 1996 is given precedence over other statutes such as the insolvency and bankruptcy code, 2016 and viceversa. Limited scope of judicial intervention under arbitration act. Scope under section 9 of of the arbitration and conciliation act, 1996. Section 34 of the arbitration and conciliation act. Section 34 of the arbitration and conciliation act archives. Recently, a number of judgments have been passed while interpreting section 34. Application of law of limitation in computing time period under.

The petitioner challenged the subject arbitration award passed by a sole arbitrator under section 34 of the arbitration and conciliation act, 1996 on the ground, inter alia, that he did not receive a notice of arbitrators. In this case, the appellant had challenged the order of single judge, wherein the single judge had dismissed the appellants petition under section 34 of the arbitration and conciliation act, 1996 for setting aside the arbitral award. The arbitration and conciliation act, 1996 26 of 1996 as amended by the arbitration and conciliation amendment act, 2015 3 of 2016 the international centre for alternative dispute resolution plot no. The scope of enquiry in any proceedings under section 34 of the act has been restricted to consider whether any of the grounds mentioned in section 342 or section 5 or section 166 are made out to set aside the award, the grounds for which. In this article, mishika bajpai discusses the prior notice requirement under section 345 of the arbitration and conciliation act, 1996. Limitation under section 343 of arbitration and conciliation act 1996 will prevail over section 17 of the limitation act 1963. Key words arbitration, setting aside arbitral award, section 34 of arbitration and concilaition act,1996, public policy, patently illegal. Arbitral process under arbitration and conciliation act, 1996. Adducing evidence under section 34 of the arbitration act. Prior notice requirement under section 345 of the amended. Section 34 of the arbitration and conciliation act, 1996 hereinafter referred to as the 1996 act stipulates grounds to challenge the arbitral award made under section 31. Nov 30, 2017 in this case, the appellant had challenged the order of single judge, wherein the single judge had dismissed the appellants petition under section 34 of the arbitration and conciliation act, 1996 for setting aside the arbitral award.

The most recent debate that reverberated in the halls of the apex court was on the issue whether section 34 5 of the arbitration and conciliation act, 1996, inserted by amending act 3 of 2016 w. Section 34 of the arbitration and conciliation act, 1996 act provides for setting aside of an arbitral award by making an application to the court, on the grounds stated therein. The paper will then go on to address in brief cases in which the arbitration and conciliation act, 1996 is given precedence over other statutes such as the insolvency and bankruptcy code, 2016 and viceversa. However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award. Analysis of section 34 of the arbitration and conciliation. Application under section 34 of the arbitration and. In this article, mishika bajpai discusses the prior notice requirement under section 34 5 of the arbitration and conciliation act, 1996.

The most recent debate that reverberated in the halls of the apex court was on the issue whether section 345 of the arbitration and conciliation act, 1996, inserted by amending act 3 of 2016 w. Arbitration and conciliation act, 1996, updated 2019. The arbitration contract is not valid under the law to which parties have been subjected to. Pdf setting aside of arbitral awards under section34 of. Section 342 in the arbitration and conciliation act, 1996. Scope of section 34 of the arbitration and conciliation. Oct 31, 2018 the said clauses have been added to the act of 1996 by amending act 3 of 2016 w. The aforementioned judgment stands as a landmark precedent for every lawyer and court to follow when an issue arises as to whether the amended sections 34 5 and 6 of the arbitration and conciliation act, 1996, are to be treated as mandatory or directory in nature. Sections 345 and 6 of the arbitration and conciliation. National highways authority of india nhai, civil appeal no. Bombay high court on postaward applications us 9 of the. This section deals with the procedure for the application and also the grounds for setting aside the arbitral award. Recent judgments in relation to section 34 of the arbitration and. An evaluation of section 34 of the arbitration and conciliation act.

A bench of 2 judges including justices rohinton fali nariman and indu malhotra, gave a judgment that deals with the nature of sections 34 5 and 6 of the arbitration and conciliation act, 1996. A bench comprising of justice shiva kirti singh and justice anil r. Section 34 of arbitration and conciliation act 1996 archives. The same have been briefly discussed in the present article. Section 343 in the arbitration and conciliation act, 1996 3 an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had. A petition under section 34 of the arbitration and conciliation act, 1996 act for short was filed by the appellant on 11. Apr 02, 20 judgment of the court in a petition under section 34. Section 34 in the arbitration and conciliation act, 1996.

Arbitration and conciliation act, 1996 section 34 application for setting aside arbitral award learned arbitrator and the courts below have recorded the concurrent findings that the appellant contractor has failed in carrying out the work as per the terms and conditions of the contract and the learned arbitrator has rightly allowed the detention and forfeiture of the. Justice s abdul nazeer in the case of p radha bai vs p ashok kumar civil appeal no 771077 of 20, has reiterated the strict interpretation of limitation prescribed under section 343 of the arbitration and conciliation act 1996 arbitration act. Aug 07, 2019 upon reaching arbitration, the appellant moved to the delhi high court under section 34 of the arbitration and conciliation act, 1996 hereinafter act to set aside the award on the ground of patent illegality. A division bench of the honble supreme court of india the court, consisting of mr. A bench of 2 judges including justices rohinton fali nariman and indu malhotra, gave a judgment that deals with the nature of sections 345 and 6 of the arbitration and conciliation act, 1996. The learned judge did not find a reason to interfere with the award as the view of the majority was drawn on a plausible. Changes and effects are recorded by our editorial team in lists which can be. Limitation under section 34 3 of arbitration and conciliation.

Applicability of arbitration amendment act, 2015 to section. The arbitration and conciliation amendment act, 2015 made major changes to section 34. These clauses were added to the act of 1996 by amending act 3 of 2016 w. There are currently no known outstanding effects for the arbitration act 1996, section 34.

Section 34 of the arbitration and conciliation act, 1996 gives the court or the judiciary the power to intervene in the arbitration process for the purpose of setting aside the award rendered by the arbitration tribunal. Even though section 9 of the arbitration and conciliation act, 1996. Recent judgments in relation to section 34 of the arbitration. To hold that a petition under section 9 would be maintainable after the passing of an arbitral award at the behest of dipl whose claim has been rejected would result in a perversion of the object and purpose underlying section 9 of the arbitration and conciliation act, 1996. Oct 17, 2018 a division bench of the honble supreme court of india the court, consisting of mr. This is a landmark case about the application of section 37 of the arbitration and conciliation act of 1996 herein referred to as the statute. Section 34 3 in the arbitration and conciliation act, 1996 3 an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had. Arbitration act 1996 is up to date with all changes known to be in force on or before february 2020. An evaluation of section 34 of the arbitration and.

Section 34 of the arbitration and conciliation act, 1996. Judgments on section 34 of arbitration and conciliation. In accordance with section 34 of the arbitration and conciliation act, 1996 that states that the court can set aside the arbitral award if. Section 34 of arbitration and conciliation act 1996. It has been well established that proceedings under section 34 of the arbitration and conciliation act, 1996 the act are summary in nature. T he section 9 of the arbitration and conciliation act, 1996, is very wide in scope and it would extend even to third parties in whom the properties or goods are vested, even though such parties may not be a party to the arbitration clause in an agreement.

Dave of the supreme court of india sc while exercising civil appellate jurisdiction and deciding the application and scope of section 34 of the arbitration and conciliation act, 1996 the act have upheld the judgment of the honble bombay high court and have held as under. Judgments on section 34 of arbitration and counciliation act, 1996. Prior notice requirement section 345 of arbitration. This is one of the chapter of jurisprudence interpretation and general laws of cs. Arbitration and conciliation act section 34 application to challenge award duration. It clarified the position of law that an appeal could be allowed only against the setting aside of an arbitral award or refusal to set it. Nov, 2017 scope under section 9 of of the arbitration and conciliation act, 1996. Analysis of public policy with respect to the indian. Upon reaching arbitration, the appellant moved to the delhi high court under section 34 of the arbitration and conciliation act, 1996 hereinafter act to set aside the award on the ground of patent illegality. Tanya varshney is a fourthyear student at jindal global law school. An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or. The changes were suggested by the 246th report of the law commission of india on amendments to the arbitration and conciliation act, 1996 of august 2014 and the supplementary to the 246th report of the law commission of india on amendments to the.

Applicability of arbitration amendment act, 2015 to. Recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with subsection 2 and subsection 3. Pursuant to the reservation, the legal question of the interpretation of clause 2 of section 2 of the arbitration and conciliation act, 1996 hereinafter called the act was placed before the constitution bench culminating in the landmark judgment of balco, 20124 which overruled bhatia international with a prospective effect. Apr 03, 2020 any delay beyond 120 days in the filing of an appeal under section 37 from an application being either dismissed or allowed under section 34 of the arbitration and conciliation act, 1996 should. There are changes that may be brought into force at a future date.

The court in the case also observed that court could not substitute its view over that of the arbitrators. Provided that parts i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international. Revised legislation carried on this site may not be fully up to date. The said clauses have been added to the act of 1996 by amending act 3 of 2016 w.

Scope under section 9 of of the arbitration and conciliation. At the current time any known changes or effects made by. Section 34 of the arbitration and conciliation act archives scc blog. Section 343 in the arbitration and conciliation act, 1996. Any delay beyond 120 days in the filing of an appeal under section 37 from an application being either dismissed or allowed under section 34 of the arbitration and conciliation act, 1996 should.