Question

The provision for setting a side the arbitral award is laid down under:

• A. section $32$ of the Act
• B. section $36$ of the Act
• C. section $34$ of the Act
• D. none of the above

Answer 1

The correct option is C section $34$ of the Act

Provision for setting a side the arbitral award has been provided under section 34 of the Arbitration and Conciliation Act, 1996 which says that Application for setting aside arbitral award only if the party making the application furnishes proof that-

• A party was under some incapacity, or
  
• The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or
  
• 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
  
• 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:
  
• 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