Report No. 176

2.26.8 Explanation 2 below sec. 34(2):

There appears to be an omission, as stated in our discussion under section 13 and 16 above in omitting in section 34 any reference to a right to file an application to set aside an award passed after rejecting the challenge under sub section (2) of section 13 and under sub section (2) or sub section (3) of section 16. As stated earlier the following Explanation 2 is added below sub section (2) of section 34:

"Explanation II: For the removal of doubts, it is hereby declared that while seeking to set aside an arbitral award under sub section (1), the applicant may include the pleas questioning the decision of the arbitral tribunal rejecting:-

(i) a challenge made under sub section (2) of section 13;

(ii) a plea made under sub section (2) or sub section (3) of section 16"