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West Bengal Industrial Development ... vs Tata Motors Limited on 19 June, 2025 cites

Microsoft Corporation vs Zoai Founder on 3 July, 2023

22. At the threshold, it appears to this court that the basis of the instant application are the law laid down by the Hon'ble Supreme Court In the matter of : Vinod Bhaiyalal Jain (supra) and Microsoft Corporation (supra). Both the said judgments were delivered and the law was laid down in a Section 34 proceeding. While adjudicating a Section 34 proceeding, the setting aside court, though not a court of appeal but with its limited authority and jurisdiction shall cause the enquiry and review the award in detail within 16 its permitted jurisdiction and limitation. An arbitral award whether would vitiate on the ground of fraud or corruption and/or the ground of bias alleged against the arbitral tribunal, shall be adjudicated at the Section 34 stage. When an application has been filed under Section 36 (2) praying for an unconditional stay of an award, the applicant must satisfy the court that there is a ground of fraud or corruption on the part of the tribunal within the meaning and scope of sub-Section (3) to Section 36 of the Arbitration Act. At that stage the setting aside court in exercise of its power under Section 36 (2) and (3) of the Arbitration Act, shall first has to arrive at a prima facie view that there has been an element of fraud or corruption as defined under sub-Section (3) to Section 36 of the Act. The scope of adjudication under Section 34 and Section 36(2) and (3) of the Arbitration Act are totally different.
Delhi High Court Cites 26 - Cited by 1 - P Jalan - Full Document

Vinod Bhaiyalal Jain vs Wadhwani Parmeshwari Cold Storage ... on 24 July, 2019

22. At the threshold, it appears to this court that the basis of the instant application are the law laid down by the Hon'ble Supreme Court In the matter of : Vinod Bhaiyalal Jain (supra) and Microsoft Corporation (supra). Both the said judgments were delivered and the law was laid down in a Section 34 proceeding. While adjudicating a Section 34 proceeding, the setting aside court, though not a court of appeal but with its limited authority and jurisdiction shall cause the enquiry and review the award in detail within 16 its permitted jurisdiction and limitation. An arbitral award whether would vitiate on the ground of fraud or corruption and/or the ground of bias alleged against the arbitral tribunal, shall be adjudicated at the Section 34 stage. When an application has been filed under Section 36 (2) praying for an unconditional stay of an award, the applicant must satisfy the court that there is a ground of fraud or corruption on the part of the tribunal within the meaning and scope of sub-Section (3) to Section 36 of the Arbitration Act. At that stage the setting aside court in exercise of its power under Section 36 (2) and (3) of the Arbitration Act, shall first has to arrive at a prima facie view that there has been an element of fraud or corruption as defined under sub-Section (3) to Section 36 of the Act. The scope of adjudication under Section 34 and Section 36(2) and (3) of the Arbitration Act are totally different.
Supreme Court of India Cites 1 - Cited by 5 - A S Bopanna - Full Document
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