made
out which would justify the setting aside of the
award. Consequently, the application for setting
aside the award was dismissed. Thereafter the
appellant came ... sets aside an award what the consequences of
its order setting aside the award will be. If the
court finds that the arbitration agreement
upon the award being set aside. Judicial
precedents have indicated that once an award is
set aside under Section 34, the arbitration clause
revives ... needs to be adopted.
Arbitration earlier, was duly initiated. The non-
applicant took part in arbitration proceedings.
Award was set aside on the ground other
court under Section 34 of the
Arbitration and Conciliation Act, 1996 [“ Arbitration Act ”] to “set
aside” an award of an arbitrator would include the power ... Such modification of award will be a species of ‘setting
aside’ only and would be ‘setting aside to a limited
extent’. However, if the courts
award being set aside. Secondly, if where the award is challenged as a nullity, the relief of setting aside the award is not appropriate ... grounds for setting aside an award were set out in para 15 and they were the grounds for setting aside awards made in all kinds
said words 'or to set aside the award' meant 'to set aside the award on an application' then the same result ... there is no award requiring to be set aside. The award falls with the agreement leaving nothing to be set aside. A clue is also
appeal, either to confirm the award or vary the award or remit the award or set aside the award in whole or in part. Therefore ... set aside award
48. (1) An award may be set aside by the Court
(a) if the party who applies to the Court to set
appeal, either to confirm the award or vary the award or remit the award or set aside the award in whole or in part. Therefore ... set aside award
48. (1) An award may be set aside by the Court
(a) if the party who applies to the Court to set
partially set aside an Award.
4.2. The guidelines for when a Court would be able to partially
set aside an award has been laid down ... whole
award is set aside merely because one or two heads out of many are set
aside by the court. Thus, partial setting aside
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 ... arbitral award or in the
exercise of its jurisdiction set aside the arbitral award.
The setting aside of an arbitral award rejecting a
claim does
Petitioner under Section 34 of
the Arbitration & Conciliation Act, 1996 for setting aside the
Arbitral Award dated 01.06.2017 passed by the learned Sole
Arbitrator ... consideration:-
1. Whether there are grounds to set aside the
Impugned Award under Section 34 of the Arbitration
& Conciliation Act?
2. What Order
