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http://manupatra.com/roundup/326/Articles/Arbitration.

pdf
http://www.nishithdesai.com/information/research-and-articles/nda-hotline/ndahotline-single-view/article/high-court-v-district-court-where-will-your-section-34arbitration-petition-lie.html?
no_cache=1&cHash=7d1d414c34909e13f58d750158a746cd
http://www.slideshare.net/hanifmulia/judgments-on-section-34-of-the-arbitrationand-conciliation-act
http://www.lawctopus.com/academike/arbitral-award-setting-aside/
http://www.indiacore.com/bulletin/papers-tpi2009/Ramesh-Bhatia-AdvocateChallenging-Of-Arbitration-Award.pdf
http://www.mondaq.com/india/x/357928/Arbitration+Dispute+Resolution/When+Co
urts+Can+Interfere+In+The+Awards+Passed+By+An+Arbitral

Under sections 12 and 13 a party can challenge the appointment of the arbitral tribunal on various
grounds by filing an application before such tribunal. If such application is rejected, the arbitral tribunal
has to proceed with the matter and its award can be challenged under section 34 if the said party does not
succeed in the arbitral proceedings.

Amendment to Section 12: Ensuring neutrality of arbitrators, when a person is


approached in connection with the possible appointment as arbitrator, he is required to
disclose in the writing the existence of any relationship or interest of any kind which
is likely to give rise to justifiable doubts as to his neutrality. He is also required to
disclose any circumstances which are likely to affect his ability to devote sufficient
time to the arbitration and complete the arbitration within the specified period. A
person having relationships as specified in the Seventh Schedule shall be ineligible to
be appointed as an arbitrator; For example: The arbitrator is an employee, consultant,
advisor or has any other past or present business relationship with a party to the
dispute; or the arbitrator is a manager, director or part of the management, or has a
similar controlling influence over the parties to the dispute.

Amendment to Section 23: The respondent, in support of his case, may also
submit a counterclaim or a set-off, if such counterclaim or set-off falls within the
scope of the arbitration agreement.

Amendment to Section 24: The Arbitral tribunal shall hold oral hearing for the
presentation of evidence or oral arguments on the day-to-day basis and shall not grant
any adjournments without any sufficient cause.

Explanation 1 to the term public policy of India substituted in Section


34(2)(b): Arbitral award shall be treated as an award in conflict with the public policy
of India only where making of the award was induced or affected by fraud or
corruption or was in violation of provisions of confidentiality (section 75) or
admissibility of evidence of conciliation proceedings in other proceedings (section
81); or is in contravention with the fundamental policy of Indian law; or it is in
conflict with the most basic notions of morality or justice.
Explanation 2 inserted in Section 34(2)(b): The test as to whether the award
is in contravention with the fundamental policy of Indian law shall not entail a review
on the merits of the dispute.
Insertion of new sub section (2A) in Section 34: This provision gives an
additional ground of patent illegality to challenge an arbitral award arising out of
arbitrations other than international commercial arbitrations.
Insertion of new sub section (5) in Section 34: An application for setting
aside of award under this section is to be filed after issuing prior notice to the other
party.
Insertion of new sub section (6) in Section 34: A period of one year has been
prescribed for disposal of an application for setting aside an arbitral award.

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