AIR 1999 SUPREME COURT 2102 ::1999 AIR SCW 1831 ::2001 (4) Com LJ 370 SC ::(2001) 4 ComLJ 370 ::1999 (2) Arbi LR 695 ::1999 (6) ADSC 23 ::(2000) 1 ArbiLR 39 ::1999 (2) UJ (SC) 997 ::1999 UJ(SC) 2 997 ::(1999) 34 CorLA 99 ::(2000) 2 CivLJ 109 ::(1999) 2 ArbiLR 695 ::(1999) 2 CivilCourtC 700 ::1999 (5) SCC 651 ::(1999) 3 Scale 587 ::(1999) 2 AndhLT(Cri) 162 ::1999 (3) CurCC 9 ::1999 (4) Bom CR 355 ::1999 (3) MadLW 1 ::1999 (3) LRI 383 ::1999 (3) Bom LR 220 ::1999 Bom LR 3 220 ::1999 (5) Supreme 338 ::1999 (4) AndhLT 1 ::(1999) 3 AndhLD 675 ::1999 (6) SRJ 383 ::(1999) 3 JT 514 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): M. Jagannadha Rao, S. N. Phukan , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34— Setting aside of award - Scope of S. 34 which provides for setting aside of award - Is far less than under Ss. 30, 33 of Arbitration Act 1940. Arbitration Act (10 of 1940) , S.30, S.33— (Para 17) (B) Arbitration and Conciliation Act (26 of 1996) , S.16, S.34— Setting aside of award - Ground - Lack of jurisdiction in or exceeding of jurisdiction by arbitral tribunal - If can be raised for first time before Court under S. 34 - Question left open. Sub-cls. (2) and (3) of S. 16 refer to two types of pleas and the stages at which they can be raised. Under sub-cl. (2) a plea that the arbitral Tribunal does not have jurisdiction shall be raised not later than the submissions of the statement of defence. Under sub-cl. (3) a plea that the arbitral Tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority, is raised during the arbitral proceedings. Under sub-cl. 2(a)(iv) of S. 34, the arbitral award may be set aside by the Court if the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitrator or if it contains a decision on matters beyond the scope of the sub....