Arbitration
Arunav
(Querist) 04 August 2012
This query is : Resolved
Dear Sir,
I have been informed that there is a supreme court judgment which states that u/s 34 of the arbitration and conciliation act the court cannot conduct evidence since the proceeding u/s 34 is different from the normal civil suit.
Kindly advise and in case there is an judgment than please inform the about the citation.
R.K Nanda
(Expert) 04 August 2012
Yes,AP are different.
Advocate Bhartesh goyal
(Expert) 05 August 2012
S 34 of Arbitration and conciliation Act has limited scope
An arbitral award may be set aside by the Court only if---
(a) the party making the application furnishes proof that-----
(i) a party was under some incapacity, or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under
the law for the time being in force; or
(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or
was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it
contains decisions on matter beyond the scope of the submission to arbitration:
Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the
arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless
such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was
not in accordance with this Past; or
(b) the Court finds that------
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or
(ii) the arbitral award is in conflict with the public policy of India.
So court decides the application summarily.
Arunav
(Querist) 06 August 2012
Dear sir,
Thanks to all for clarifying the issue.
However I would be grateful if somebody can send some judgment in support
