Section 34(5) Arbitration Act 1996 (added 2015) provides that a Section 34 application:
Answer & Solution
Correct answer: B.
1. Section 34(5) Arbitration and Conciliation Act 1996 (inserted by the 2015 Amendment):
2. 'An application under this section shall be filed by a party only AFTER ISSUING A PRIOR NOTICE to the other party and such application shall be accompanied by an AFFIDAVIT by the applicant endorsing compliance with the said requirement.'
3. This procedural requirement was added to PREVENT FRIVOLOUS challenges and ensure parties are given fair opportunity to respond.
4. Failure to comply may result in the application being treated as INVALID.
5. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 34(5) (inserted 2015)_
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