Evolution of setting aside arbitral award in India
Arbitration Act 1940 Arbitration & Conciliation Act, 1996 The Arbitration And Conciliation
 Under Section 30 Grounds for  Under Section 34 Grounds for setting 
setting aside an award are given. aside an award are given.
 Grounds  Grounds
 that an arbitrator or umpire has  The party is under some incapacity
misconducted himself or the  Arbitration agreement between the
proceedings parties is not valid
 Lack of notice of appointment of
 that an award has been made after arbitrator or of holding of arbitral
the issue of an order by the Court proceeding
superseding the arbitration or after  Arbitral award deals with a dispute not
arbitration proceedings have contemplated by or not falling within
become invalid under Section the terms of the submission to
35(Effect of legal proceedings on arbitration or it contains decisions on
arbitration ) matters beyond the scope of
submission of arbitration
 that an award has been improperly  Composition of arbitral tribunal or
procured or is otherwise invalid. arbitral procedure was not in
accordance with the agreement of the
 Time Limit - No time limit was parties
there for setting side & disposal of  The Court finds that the subject matter
case. of the dispute is not capable of
settlement by arbitration under the Law
 The Award is in conflict with the
Public Policy
 Time Limit for application for setting
aside an award is within the 3 months
 Process only initiated by the
application to the court
The Arbitration And Conciliation
(Amendment) Act, 2015 (Amendment) Act, 2019
Amendment are made in the Section  In section 34 of the 1996 Act,
34 of the Arbitration & Conciliation in sub- section (2), in clause (a),
Act, 1996 for the words "furnishes proof
 Explanations were substituted in that", the words "establishes
Sub- Section (2), in clause (b) for the on the basis of the record of
avoidance of doubt public policy of the arbitral tribunal that"
India & Fundamental policy of sutituted.
Indian Law.
 Sub - Section 2A was added to set
aside the arbitral award other than
international commercial arbitration
if
 Sub - Section 5 is inserted for filling
application which 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.
 Sub – Section 6 is inserted to give
specific period of one year within
which application should be
disposed off by the court.