Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.34(2)(a) Arbitration & Conciliation Act 1996 Prior and post 2019 Amendment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration & Conciliation Act, 1996 – s. 34(2)(a) – Prior and post 2019 Amendment – Whether the applicant can be permitted to adduce evidence to support the ground relating to Public Policy in an application filed u/s. 34 of the Arbitration & Conciliation Act, 1996 – Held: In the instant case, the arbitration proceedings commenced and even the award was declared prior to the amendment of s. 34(2)(a) by Act 33/2019, so s. 34(2)(a) pre-amendment shall be applicable – In s. 34(2) (a) pre-amendment, an arbitral award could be set aside by the Court if the party making application “furnishes proof” – An application for setting aside the arbitral award will not ordinarily require anything beyond the record that was before the arbitrator, however, if there are matters not containing such records and the relevant determination to the issues arising u/s. 34(2)(a), they may be brought to the notice of the Court by way of affidavits filed by both the parties’ the cross-examination of the persons swearing in to the affidavits should not be allowed unless absolutely necessary as the truth will emerge on the reading of the affidavits filed by both the parties – Respondent permitted to file affidavits/additional evidence in the proceedings u/s. 34 of the Arbitration Act. Arbitration & Conciliation Act, 1996 : s. 34(2)(b) – When an award passed could be set aside on the ground of its being in conflict with the “Public Policy of India” – Scope – The ground that arbitral award is in conflict with the Public Policy of India, the said ground could be available only after passing of the award – Therefore, the same can be permitted to be agitated in an application u/s. 34 and the person shall not have to wait till the execution is filed – The defence that the arbitral award is in conflict with the Public Policy of India itself can be a ground to set aside the award in view of section 34(2)(b) of the Act. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 57 |
Petitioner | M/s Alpine Housing Development Corporation Pvt. Ltd. |
Respondent | Ashok S Dhariwal And Others |
SCR | [2023] 1 S.C.R. 991 |
Judgement Date | 2023-01-19 |
Case Number | 73 |
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