Vol 4, No 4 (2012):INTERNATIONAL JOURNAL OF ENGINEERING EDUCATION (IJEE) .July-August

Paper :against arbitral award U/S 34 of the arbitration and conciliation act, 1996: An analytical appraisal

Author 1: Sopan Yadav

Abstract :

It is an incontrovertible that the process of arbitration is governed by the law of seat of the arbitration. Therefore, in case of international commercial arbitration having the seat of arbitration in India, and in case of domestic arbitration (both parties are Indian), section 34 under Part I of the Arbitration and Conciliation Act of 1996 (hereinafter referred as 1996 Act) lays down the provisions under which applications could be filed to set aside arbitral awards. This article is an attempt to critically analyse section 34 of the Arbitration and Conciliation Act, 1996 in the light of recent amendment of 2015 to the Act and judicial pronouncements.

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Refrence :

1. Dr. Avtar Singh. Law of Arbitration & Conciliation, 9th
Edition, (Eastern Book Company, Lucknow,), 2009, 392.
2. 2001, 5 SCC 691.
3. Dr. Avtar Singh. Law of Arbitration & Conciliation, 9th
Edition, (Eastern Book Company, Lucknow,) 2009, 193.
4. Principle of Natural Justice- Audi Alteram partem: No one
should be condemned unheard.
5. Union of India v. Ratan Singh, AIR RAJ, 1999, 117.
6. Renusagar Power Co. Ltd. v. General Electric Company,1984, 4 SCC 679
7. Dr. Avtar Singh. Law of Arbitration & Conciliation, 9th Edition, (Eastern Book Company, Lucknow,), at 2009,301.
8. AIR 1999 SC 2102.
9. Supra Note at 7, 328.
10. Section (1) (a): The Arbitration and Conciliation Act,1996, 28.
11. Section (1) (b) (i): The Arbitration and Conciliation Act,1996, 28.
12. Section (1) (b) (ii): The Arbitration and Conciliation Act,1996, 28.
13. Section (1) (b) (iii): The Arbitration and Conciliation Act,1996, 28.
14. AIR 2003 SC 2629
15. Section (1)(b)(i): The Arbitration and Conciliation Act,1996, 34.

Keywords: Arbitration Award Judicial pronouncement amendment DOI

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