Tuesday, August 09, 2011

Arbitration Law

A dissatisfied party may apply to the court for setting aside the Award, subject to the conditions as mentioned in Section 34(2) and 34(3). An Arbitral award may be set aside by the court only if the party making the application proves that: 
  • It was under some incapacity
  • The arbitration agreement is not valid under the law
  • The party was not given proper notice of the arbitral proceedings
  • The award deals with a dispute not within the ambit of arbitration. 
  • The composition of the tribunal or the arbitral procedure was not in accordance with the agreement. 
  • The dispute cannot be settled by arbitration under the law for the time being. 
  • The award is in conflict with the public policy of India 
The maximum permissible period for an application to set aside the award is a period of three months.