What does Section 34 of the Arbitration and Conciliation Act 1996 do?
Section 34 is the route by which an arbitral award is challenged in India. An application to set aside an award must be made within three months of receiving it, extendable by a further thirty days on sufficient cause and no longer. The grounds are narrow and do not amount to a rehearing on the merits: they include incapacity of a party, an invalid arbitration agreement, want of proper notice, an award beyond the scope of the reference, an irregularly constituted tribunal, non-arbitrability of the subject matter, and conflict with the public policy of India.
We provide strategic counsel and representation in domestic and international arbitrations. Our team focuses on mitigating risk and resolving complex commercial disputes through smooth, cost-effective and confidential alternative dispute resolution proceedings.
Our expertise spans a wide array of sectors, including construction, energy, engineering, public private partnerships, and commercial contracts. We represent clients in diverse arbitration contexts, encompassing institutional and ad-hoc forums, managing disputes associated with fiduciary contracts, EPC projects, turnkey agreements, and concession arrangements.
What the practice covers
- Domestic and cross-border arbitration. Complex commercial disputes under the SIAC, LCIA and ICC Rules and the Arbitration and Conciliation Act, 1996.
- Enforcement and set-aside proceedings. Enforcing arbitral awards, and challenging improper awards in the appropriate jurisdiction.
- Pre-arbitration strategy. Drafting arbitration agreements and handling emergency interim relief applications.
Drafting that survives a dispute
Our legal experts formulate enforceable arbitration terms that conform to contemporary legal norms, which bolsters the longevity of agreements. A clause drafted carelessly at the contract stage is the most common reason a party finds itself arguing about the forum rather than the merits.
Standing
Our attorneys are members of various arbitral institutions and are also empanelled as arbitrators with them. We have conducted more than sixty arbitration matters as counsel.
- Appointment applications under Section 11
- Interim measures under Sections 9 and 17
- Conduct of institutional and ad-hoc references
- Challenges to awards under Section 34
- Enforcement of domestic and foreign awards
- Mediation and conciliation
Common questions
How long is the period to challenge an arbitral award?
Three months from the date on which the party making the application received the award. A court may extend that by a further thirty days if satisfied there was sufficient cause, but it has no power to go beyond that.
Can a court review the merits of an award under Section 34?
No. Section 34 is not an appeal. A court considering a challenge is confined to the grounds listed in the section, and an erroneous finding of fact or an unpersuasive view of the evidence is not by itself a ground to set an award aside.
How is an award enforced?
Under Section 36, once the time for a Section 34 application has expired, or such an application has been refused, the award is enforced in the same manner as a decree of the court. Filing a challenge does not automatically stay enforcement; a separate order is needed.
What is the difference between institutional and ad-hoc arbitration?
Institutional arbitration is administered by a body under its own published rules, which govern appointment, timelines and fees. Ad-hoc arbitration is run by the parties and the tribunal without an administering institution. The firm appears in both.