Under Section 34(2A) of the Act (inserted in 2015), an arbitral award …

Question

Under Section 34(2A) of the Act (inserted in 2015), an arbitral award arising out of arbitrations OTHER than international commercial arbitrations may also be set aside by the Court if:

Accepted Answer

D. {'text': 'The Court finds that the award is vitiated by patent illegality appearing on the face of the award; but an award shall not be set aside merely on the ground of erroneous application of law or re-appreciation of evidence', 'label': 'D'}

1. Section 34(2A) of the Act, inserted in 2015, creates a separate ground for **domestic** arbitrations.
2. The Court may set aside a domestic award if it finds that the award is "**vitiated by patent illegality appearing on the face of the award**".
3. **Proviso**: an award shall NOT be set aside merely on the ground of an **erroneous application of the law** or by **re-appreciation of evidence**.
4. The carve-out preserves the autonomy of tribunals on the merits while allowing intervention on overt illegality.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 314-333._

Answer

{'text': 'The Court finds that the award has been criticised on any social media platform of any kind under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'A'}

Answer

{'text': 'The Court finds that the award has been criticised in any newspaper of any kind under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'B'}

Answer

{'text': 'The Court finds that the award has been criticised in any political speech of any kind under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'C'}