Question

Inability of counsel to appear due to illness before arbitrator is a ground covered

• A. under section $30$ of Arbitration Act, $1940$
• B. under section $34\left(2\right)$ of Arbitration and Conciliation Act, $1996$
• C. under section $30$ of the Limitation Act, $1963$
• D. under section $31$ of Arbitration and

Answer 1

The correct option is B under section $34\left(2\right)$ of Arbitration and Conciliation Act, $1996$

As per section 34(2) of the act, an arbitral award may be set aside by the court only if the party making the application furnishes proof that-

(i) A party was under some incapacity, or

(ii) The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication hereon, under the law for the time being in force; or

(iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:

(v) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part;

Here in the present case if the lawyer is unable to attend the arbitral sitting, it shall be covered under Section 34(2) (iii) of the act.