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 proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award
Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions ... decree of the court. (2) Where an application to set aside the arbitral award has been filed in the Court under section 34, the filing
successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. (5) Where an arbitral award is made under sub-section ... setting aside such an arbitral award in accordance with section 34. (6) Where an arbitral award is set aside on an application made under
follows:
“34. Application for setting aside arbitral award.—
xxx xxx xxx
(2) An arbitral award may be set aside by the court only ... Application for setting aside arbitral
award.—
xxx xxx xxx
(2) An arbitral award may be set aside by
the court only if—
(a) the party
read with the preceding words “setting aside or refusing to set aside
an arbitral award”, and when so read, it is clear that the refusal ... arbitral
proceedings and make an arbitral award.
(6) A party aggrieved by such an arbitral award may make an
application for setting aside such
Court has been empowered to set aside an arbitral award, is the ground of
the arbitral award being in conflict with the public policy ... claim has been rejected by the Arbitral Tribunal and
who succeeds in having the arbitral award set aside "on merits" in a petition
setting aside of the award would be
impermissible or prohibited, failing which the answer must be that
a partial setting aside of an award would ... 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 the arbitral
award. This provision (sub-Section (4)) cannot be
invoked, once the arbitral Award is set-aside".
21. In paragraph ... dispute.
(2-A) An arbitral award arising out of arbitrations
other than international commercial arbitrations, may
also be set aside by the court
grant any measure under section 9 ;
(b) setting aside or refusing to set aside an arbitral award under section 34 ."
Sub Clause ... refusal to set aside the arbitral award. The reason being that an arbitral award can be set aside only on one or more grounds given
Section 34 of
the Arbitration & Conciliation Act, 1996 for setting aside the
Arbitral Award dated 01.06.2017 passed by the learned Sole
Arbitrator ... Thus, the challenge flanked by the Petitioner
calling for the setting aside of arbitral award on this ground is
thwarted and rejected
