An evaluation of section 34 of the arbitration and. All about arbitration and conciliation act, 1996 by. Introduction the trend of arbitration has increased tremendously over the past decade, at both national and international level. However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award. The newly introduced section 29a in the arbitration and conciliation act 1996 will expedite arbitration in india section 29a. This paper makes an evaluation of section 34 of the 1996 act and the amendments thereto and the scope of judicial. The aforementioned judgment stands as a landmark precedent for every lawyer and court to follow when an issue arises as to whether the amended sections 34 5 and 6 of the arbitration and conciliation act, 1996, are to be treated as mandatory or directory in nature. Dec 15, 2015 section 34 of the arbitration and conciliation act, 1996 hereinafter referred to as the 1996 act stipulates grounds to challenge the arbitral award made under section 31. Jan 31, 2018 object of section 21 of the arbitration and conciliation act 1996. An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or. Court under section 34, the filing of such an application shall not by itself render that. Scope under section 9 of of the arbitration and conciliation act, 1996. Disclaimer views expressed in this document are for information and academic purpose only. The paper will then go on to address in brief cases in which the arbitration and conciliation act, 1996 is given precedence over other statutes such as the insolvency and bankruptcy code, 2016 and viceversa.
Analysis of section 34 of the arbitration and conciliation. Pdf setting aside of arbitral awards under section34 of. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. In this article, mishika bajpai discusses the prior notice requirement under section 34 5 of the arbitration and conciliation act, 1996. The said clauses have been added to the act of 1996 by amending act 3 of 2016 w.
Arbitration act 1996 is up to date with all changes. T he section 9 of the arbitration and conciliation act, 1996, is very wide in scope and it would extend even to third parties in whom the properties or goods are vested, even though such parties may not be a party to the arbitration clause in an agreement. In scotland the rules governing arbitrations are found in schedule 7 of the law reform miscellaneous provisions scotland act 1990 and are based upon the uncitral model law. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Limitation of time under section 34 of the arbitration and. Pdf setting aside of arbitral awards under section34 of indian. The petition was accompanied by an application under subsection 3 of section 34 of the act, for condonation of delay of 28 days in filing the petition. Scope of section 8 of the arbitration and conciliation act. An evaluation of section 34 of the arbitration and conciliation act. Sections 345 and 6 of the arbitration and conciliation. The arbitration act 1996 is an act of parliament which regulates arbitration proceedings within the jurisdiction of england and wales and northern ireland the 1996 act only applies to parts of the united kingdom.
Section 34 provides that parties can move an application to court for setting aside an award. This section deals with the procedure for the application and also the grounds for setting aside the arbitral award. Changes to legislation revised legislation carried on this site may not be fully up to date. Judgments on section 34 of the arbitration and conciliation.
Recent judgments in relation to section 34 of the arbitration and. 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. For the purpose of this subsection, an arbitral tribunal shall be deemed to have entered upon the reference on the date on. Section 34 of the arbitration and conciliation act, 1996. Object of section 21 of the arbitration and conciliation act 1996. Nov 30, 2017 in this case, the appellant had challenged the order of single judge, wherein the single judge had dismissed the appellants petition under section 34 of the arbitration and conciliation act, 1996 for setting aside the arbitral award. Apr 25, 2014 the court thus held that subsection 4 of s. Judgments on section 34 of arbitration and counciliation act, 1996. Laws of the federation of nigeria 1990 14 th march, 1998.
Section 343 in the arbitration and conciliation act, 1996 3 an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had. Arbitration and conciliation act, 1996 bare acts law. Section 34 in the arbitration and conciliation act, 1996. An act further to amend the arbitration and conciliation act, 1996. In this case, the appellant had challenged the order of single judge, wherein the single judge had dismissed the appellants petition under section 34 of the arbitration and conciliation act, 1996 for setting aside the arbitral award. In an attempt to make arbitration a preferred mode of settlement of commercial disputes and making india a hub of international commercial arbitration, the president of india on 23 october 2015 promulgated an ordinance arbitration and conciliation amendment ordinance, 2015 amending the arbitration and conciliation act, 1996. Section 34 3 in the arbitration and conciliation act, 1996 3 an application for setting aside may not be made after three months have. Under section 34 of the act, an arbitral award can be set aside only on. Venture global failed before the state courts on the threshold question of whether section 34 could be invoked with respect to a foreign award.
Nov, 2017 scope under section 9 of of the arbitration and conciliation act, 1996. Section 34 of the arbitration and conciliation act, 1996 gives the court or the judiciary the power to intervene in the arbitration process for the purpose of setting aside the award rendered by the arbitration tribunal. A petition under section 34 of the arbitration and conciliation act, 1996 act for short was filed by the appellant on 11. Arbitration is a mechanism whereby which the parties enter into an agreement, either in advance or after the dispute crops. Arbitration and conciliation amendment act 2019 a primer. The most recent debate that reverberated in the halls of the apex court was on the issue whether section 34 5 of the arbitration and conciliation act, 1996, inserted by amending act 3 of 2016 w.
The aforementioned judgment stands as a landmark precedent for every lawyer and court to follow when an issue arises as to whether the amended sections 345 and 6 of the arbitration and conciliation act, 1996, are to be treated as mandatory or directory in nature. The arbitration act 1996 c 23 is an act of parliament which regulates arbitration proceedings within the jurisdiction of england and wales and northern ireland. The learned judge did not find a reason to interfere with the award as the view of the majority was drawn on a plausible. Section 34 of the arbitration and conciliation act, 1996 the act prior to the amendment i. Oct 31, 2018 the said clauses have been added to the act of 1996 by amending act 3 of 2016 w. The court in the case also observed that court could not substitute its view over that of the arbitrators. An act to amend the arbitration and conciliation act, 1996.
In this article, mishika bajpai discusses the prior notice requirement under section 345 of the arbitration and conciliation act, 1996. There are currently no known outstanding effects for the arbitration act 1996, section 34. Prior notice requirement section 345 of arbitration. Applicability of arbitration amendment act, 2015 to. Be it enacted by parliament in the seventieth year of the republic of india as follows. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Venture global moved the indian courts to obtain an order to set aside the award under section 34 of the indian arbitration and conciliation act 1996. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Ozone overseas pvt ltd, has given a much needed interpretation and clarity to the object and purpose of issuing the notice under section 21 of the arbitration and conciliation act. Justice r s bachawats law of arbitration and conciliation. All about arbitration and conciliation act, 1996 by abhipsha mohanty download pdf the author, abhipsha mohanty, is a 3rd year student of ba. This version of this act contains provisions that are prospective. Not to be confused with arbitration act 1996 new zealand or arbitration and conciliation act 1996.
Upon reaching arbitration, the appellant moved to the delhi high court under section 34 of the arbitration and conciliation act, 1996 hereinafter act to set aside the award on the ground of patent illegality. Judgments on section 34 of arbitration and conciliation act. The 1996 act only applies to parts of the united kingdom. An arbitral award may be set aside on an application by a party defined under section 2 h of the arbitration and conciliation. The 2019 amendment act not only felicitously revamps the arbitration and conciliation act, 1996 1996 act, but also nicely refines the operation of the arbitration and conciliation amendment. Even though section 9 of the arbitration and conciliation act, 1996. Llb h, damodaram sanjivayya national law university, visakhapatnam. Section 34 of the arbitration and conciliation act 1. Short title, extent and commencement 2 part i arbitration. Oct 01, 2017 section 34 of the arbitration and conciliation act 1. Prior notice requirement section 345 of arbitration and. Section 29 a of the arbitration and conciliation act 1996. Section 343 in the arbitration and conciliation act, 1996. In this article, tarun gaur, advocate, delhi high court discusses section 8 of the arbitration and conciliation act, 1996.
An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters. Aug 30, 2019 the 2019 amendment act not only felicitously revamps the arbitration and conciliation act, 1996 1996 act, but also nicely refines the operation of the arbitration and conciliation amendment. However, the challenge to the award can only be made within limitation period of. This is one of the chapter of jurisprudence interpretation and general laws of cs. Chapter vii of arbitration and conciliation act, 1996 encompasses section 34, which covers recourse against arbitral award. In the arbitration and conciliation act, 1996 hereinafter referred to as the principal act, in section 2, i in subsection 1. Conciliation act 1996 d oes away with the domestic act of 1940, foreign arbitration act of 1961, geneva convention, new york conv ention and brings arbitration in one act constituting 4. National highways authority of india nhai, civil appeal no. Judgments on section 34 of arbitration and conciliation.
Notice under section 21 is mandatory before referring the. Mar 09, 2020 the paper will then go on to address in brief cases in which the arbitration and conciliation act, 1996 is given precedence over other statutes such as the insolvency and bankruptcy code, 2016 and viceversa. The delhi high court in a recent judgment dated february 28, 2017, delivered by justice s. Scope under section 9 of of the arbitration and conciliation. Limited scope of judicial intervention under arbitration act.
The most recent debate that reverberated in the halls of the apex court was on the issue whether section 345 of the arbitration and conciliation act, 1996, inserted by amending act 3 of 2016 w. Key words arbitration, setting aside arbitral award, section 34 of arbitration and concilaition act,1996, public policy, patently illegal. Section 34 of the arbitration and conciliation act, 1996 hereinafter referred to as the 1996 act stipulates grounds to challenge the arbitral award made under section 31. Section 34 of the arbitration and conciliation act, 1996 act provides for setting aside of an arbitral award by making an application to the. The arbitration and conciliation act, 1996 and the amendments under the arbitration and conciliation amendment act, 2015 have given definite character to section 34 of the act and resolved certain issues pertaining to it. Recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with subsection 2 and subsection 3.