Question

Which of the following is a ground for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996?

• A. The award is against public policy of India.
• B. The arbitral tribunal exceeded its jurisdiction.
• C. The party was unable to present its case.
• D. All of the above

Hint:

The grounds for setting aside an award under Section 34 are very specific and limited, mostly focusing on procedural fairness (like the ability to present one's case), jurisdictional issues, and conflict with the fundamental policy of Indian law (public policy).

Answer 1

The Correct Option is D

Section 34 of the Arbitration and Conciliation Act, 1996, provides a limited and exhaustive list of grounds on which a court can set aside an arbitral award. The objective is to ensure minimal judicial intervention. The grounds listed in the section include: \[\begin{array}{rl} \bullet & \text{A party being under some incapacity.} \\ \bullet & \text{The arbitration agreement not being valid.} \\ \bullet & \text{(C) The party making the application was not given proper notice or was otherwise unable to present his case.} \\ \bullet & \text{(B) The award deals with a dispute not contemplated by or falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission.} \\ \bullet & \text{The composition of the arbitral tribunal was not in accordance with the agreement.} \\ \bullet & \text{(A) The court finds that the subject-matter of the dispute is not capable of settlement by arbitration or the arbitral award is in conflict with the public policy of India.} \\ \end{array}\] Since all the options are valid grounds, the correct answer is (D).