Name: nishant shetty

Enrolment no: 19bsp1766

Ans 37)

Ans1)

He can succeed in applying to the court. B can apply to the court under section 34 for setting aside
the award

Grounds of Setting aside an award

An Application to set aside an Arbitral award may be made on the following grounds: [Section 34(2)
(a)]

1. Incapacity of any Party to arbitration;

2. The Arbitration agreement is not valid under the law to which parties have subjected it;
3. No notice for appointment of arbitrator has been given to the party making application
under section 34;
4. The arbitration award deals with a dispute which does not fall in terms of submission to
Arbitration or it is beyond the scope of arbitration agreement;
5. The Composition of Arbitral Tribunal was not in accordance with Agreement between
parties;

Apart from these aforesaid grounds Section 34(2)(b) also enumerates two additional grounds upon
which the Court itself can set aside the award. These grounds are:

1. If the Subject-matter of dispute is not capable of settlement by arbitration under the law
2. If the arbitral Award is in conflict of Public Policy of India.

Ans2) Matter that cannot be arbitrated are:

Following matters cannot be referred to arbitration:

1. Matrimonial matters, like divorce or conjugal rights.

2. Insolvency matters, Ex- declaring a person insolvent.

3. Criminal offences.

4. Dissolution or winding up of a company.

5. Matters relating to guardianship of minors or lunatics.

6. Testamentary matters like validity of a will