AIROnline 2023 SC 42 ::AIR 2023 SC (Civ) 532

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, C. T. Ravikumar , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34(2)(a), S.34(2)(b)— (prior To Amendment By Act (33 Of 2019) - Setting aside of arbitral award - Permission to adduce additional evidence - Arbitration proceedings commenced and concluded prior to amendment of S. 34(2)(a) by Act of 2019 - Pre amendment provisions of S. 34(2)(a) would apply. Prior to the amendment of S. 34(2)(a), an arbitral award could be set aside by the Court if the party making an application "furnishes proof" and the grounds set out in S. 34(2)(a) and S. 34(2)(b) are satisfied. By the amendment of S. 34(2)(a) by Act 33/2019, there was a substantial change in law. Subsequent to the amendment of S. 34(2)(a), the words "furnishes proof" have been substituted by the words "establishes on the basis of the record of the arbitral tribunal". Thus, in case of arbitration proceedings commenced and concluded prior to the amendment of S. 34(2)(a) by Act 33/2019, pre-amendment provisions of S. 34(2)(a) shall be applicable. (Para 6) (B) Arbitration and Conciliation Act (26 of 1996) , S.34(2)(a)— (prior To Amendment By Act (33 Of 2019) - Award - Setting aside of - Party who has assailed award on grounds set out in S. 34(2)(a) can be permitted to file affidavit in form of evidence but only when an exceptional case....