Section 34 in Jammu and Kashmir Arbitration and Conciliation Act, 1997
34. Application for setting aside arbitral award.
(1)Recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3).(2)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 matters beyond the scope of the submission to arbitrationProvided that, if the decision 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 Part;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 the State.Explanation. - Without prejudice to the generality of sub-clause (ii) of clause (b) , it is hereby declared for the avoidance of any doubt, that an award is in conflict with the public policy of the State if the making of the award was induced or affected by fraud or corruption or was in violation of section 58 or section 64.(2A)[ An arbitral award may also be set aside by the Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award :Provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by re-appreciation of evidence.] [Inserted by Act No. 18 of 2018, dated 1.10.2018.](3)An application for setting aside may not be made after [six months] [Substituted 'three months' by Act No. 18 of 2018, dated 1.10.2018.] have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal:Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of [six months] [Substituted 'three months' by Act No. 18 of 2018, dated 1.10.2018.], it may entertain the application within a further period of [sixty days] [Substituted 'thirty days' by Act No. 18 of 2018, dated 1.10.2018.], but not thereafter.(4)On receipt of an application under sub-section (1) , the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.(5)[ An application under this section shall be filed by a party only after issuing a prior notice to the other party and such application shall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement.(6)An application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon the other party.] [Inserted by Act No. 18 of 2018, dated 1.10.2018.]
