Section 34(2) in Jammu and Kashmir Arbitration and Conciliation Act, 1997
(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.
