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Report No. 176

2.26.6 Section 34:

As stated earlier in para 2.25A, having dealt with the introduction of sec. 34A, we shall now deal with the consequential amendment in section 34 and also in regard to the insertion of the Explanation to cover the right of filing an application to set aside the award for rejection of a challenge under sub section (2) of section 13 and a plea under sub section (2) or (3) of sec. 16.

For sub-section (1) of section 34, the following sub-section shall be substituted namely:-

"(1) Recourse to a court against an arbitral award may be made only by an application for setting aside such award- (a) in accordance with sub-section (2) and sub-section (3) ; and

(b) in the case of an award made in an arbitration other than an international arbitration (whether commercial or not), in accordance with sub-section (2) and (3) and the additional grounds mentioned in section 34A:

2.26.7 We also propose to add a formal clause as clause (1A) in sec. 34 enabling an application under sec. 34(1) to be filed on the basis of a photocopy signed by the arbitrators, if the original has not been given to the party, as follows:

(1A) An application for setting aside an award under sub-section (1) shall be accompanied by an original award:

Provided that where the parties have not been given the original award, they may file in the court, a photocopy of the award signed by the arbitrators."



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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