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Section 34 of Arbitration and Conciliation Act 1996
The concept of arbitration and alternative dispute resolution has been prevalent in India from ancient time. The roots of alternative dispute resolution can be traced to ancient time where the system of Panchayat present. After the coming of Britishers in India, we had more codify form of judicial system which also include arbitration for settlement of civil dispute outside the court which is less time consuming and equally efficient as the order passed by the court. Arbitration and conciliation act was passed by the government of India in the year of 1996 it was a very long journey for this legislation. Various previous legislation on arbitration is incomplete so to overcome the drawbacks a conference presided by Prime Minister of India he consider international model UNCITRAL law on commercial International arbitration in the year of 1993. As a result of this conference and Act was enacted by the government of India in the year of 1996.
Section 34 of the 1996 act is in consanance with the article 34 of the UNCITRAL model law and also with the Section 30 of the arbitration act 1940. It provide for the application of setting aside an award. An arbitral award may be set aside by the court only if - (a) the party making the application furnishes proof that- (1) a party was under some incapacity. (2) the arbitration agreement is not valid under the law to which the parties have subjected it. (3) the parties making the application was not given proper notice of the appointment of an Arbitrator. (4) the arbitral award deals with the dispute not contemplated by or not falling within the terms of the submission to arbitration. (5) the composition of the arbitral Tribunal for the arbitral procedure was not in accordance with the agreement of the party.
34(3): an application for setting aside may not be made after 3 months have elapsed from the date on which the party making that application had received the arbitral award.
So we concluded that the arbitral award might be put aside by the court if the procedure is not according with arbitration agreement between the parties.
- Introduction
- Section 34
- Conclusion
