An aggrieved party can make an application to the court for setting aside an arbitral award within three months from the date of receipt of the award or additional award, either correcting or interpreting the said award, on the grounds mentioned afterwards. However, the aforesaid time limit three months can be extended maximum by another 30 days by the court where the applicant was prevented by sufficient cause from filing it timely.
Upon such application being moved, the court may in appropriate cases on the prayer of any party adjourn the court proceedings for a specified period for resumption of arbitral proceedings in the meantime. This measure is intended to give opportunity to the arbitral tribunal to remove any particular ground for setting aside the award.
There are very limited grounds for setting aside the arbitral award, which are as follows: -
The applicant was under some incapacity
The arbitration agreement is not valid under the law
The applicant was not given proper notice of appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case
The arbitral award deals with matters outside the scope of submission or reference to arbitration
The constitution of the arbitral tribunal or the procedure of arbitration was not as per agreement of the parties
The subject matter of dispute is not capable of settlement by arbitration
The arbitral award is in conflict with the public policy of India.
The award is founded on matters relating to conciliation proceedings between the parties, which are confidential in law or is based on admissions, suggestions or proposals made in conciliation for an attempted settlement of dispute.
When the arbitrator overrules the challenge of any party, made on bias or want of independence or lack of requisite qualifications of the arbitrator the arbitral tribunal shall continue with arbitration and make award. The aggrieved party can make an application to the court for setting aside the award re agitating the said points of challenge to the arbitrator amongst other grounds.
An aggrieved party can make an application to the court for setting aside an arbitral award within three months from the date of receipt of the award or additional award, either correcting or interpreting the said award, on the grounds mentioned afterwards. However, the aforesaid time limit three months can be extended maximum by another 30 days by the court where the applicant was prevented by sufficient cause from filing it timely.
Similarly, when the arbitrator overrules the challenge of any party, made on the ground of non-existence or invalidity of the arbitration agreement in question or for want jurisdiction of the arbitrator, the arbitral tribunal shall continue with arbitration and make award. The aggrieved party can make an application to the court for setting aside
