Section 34 Of The Arbitration & Conciliation Act, 1996: Decoding The Public Policy Of India
- IJLLR Journal
- Jul 9, 2023
- 1 min read
Section 34 Of The Arbitration & Conciliation Act, 1996: Decoding The Public Policy Of India And Patent Illegality Appearing On The Face Of An Arbitral Award
Priyamvada Paneru, BA LLB (Hons.), Symbiosis Law School, Pune
ABSTRACT
This paper will discuss section 34 of the Arbitration and Conciliation Act, 1996, which outlines the procedure for setting aside an arbitral award. It delves into the finality of arbitral awards and goes on to extensively discuss the court’s limited jurisdiction to set aside an award under Section 34 and the grounds under which such interference is possible.
For the purpose of this article, the author will analyse the various judicial pronouncements interpreting the scope of “Public Policy of India” as enshrined in the section. It will also throw light on the recent amendments brought about by the 2015 amendment act that provide for an additional albeit carefully limited ground for setting aside an award which is “Patent Illegality”, provided under Section 34 (2A) of the Act.
Keywords: arbitration, arbitral award, public policy, patent illegality
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