The authors are Advocates at Karanjawala & Co. They
practice Arbitration as well as before the Hon'ble High Court
of Delhi.
This Article seeks to examine Section 34(4) of the Arbitration
and Conciliation Act,1996.
An Arbitral Award passed under Section 31 of the Arbitration and
Conciliation Act,1996 (referred to as the '1996 Act') is
essentially a statement of 'determination of issues' by an
arbitral tribunal and as a matter of deliberate legal construct no
provision for appeal against the award is present in the 1996 Act
is based on the UNCITRAL Model law. However, Section 34 of the 1996
Act allows an aggrieved party to pray for setting aside the
arbitral award. The powers of the supervising court to set aside an
Arbitral Award have been crystallized in the limited grounds
provided under Section 34 of the 1996 Act and also by judicial
pronouncements in this regard.
