Section 34 of the Arbitration and Conciliation Act, 1996
(“Arbitration Act”), is the principal provision under
which an Arbitral Award can be challenged in India. An Arbitral
Award may be challenged only by making an application to the court
for setting aside the award, as per Section 34(1) under the grounds
specified Section 34(2) of the Arbitration Act. Further, an appeal
under Section 37 lies from an order setting aside or refusing to
set aside an arbitral award under Section 34 of the Arbitration
Act. Recourse to orders under Section 37 is available before the
Hon'ble Supreme Court by way of a Special Leave Petition.
The Arbitration Act provides a limited and specific framework
for challenging arbitral awards, primarily under Section 34, with
strict grounds and procedural requirements to ensure finality and
minimize judicial intervention in Arbitral Proceedings.
