Challenging ‘Purported Awards’ Under Section 34 Of The Arbitration And Conciliation Act, 1996: Doctrinal Foundations And Emerging Jurisprudence

Introduction

One of the recurring jurisdictional questions in Indian arbitration law concerns the status of a “purported arbitral award” namely, an award rendered in the absence of a valid arbitration agreement or by a tribunal lacking inherent jurisdiction.

The issue raises a fundamental doctrinal question: can such an award be challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), or is it a legal nullity that may simply be ignored?

The debate lies at the intersection of several foundational principles of arbitration law, including competence-competence, separability of arbitration agreements, minimal judicial intervention, and the finality of arbitral awards. It also probes the conceptual distinction between: