How to Challenge an Arbitration Award Under Section 34 in India
Grounds for setting aside an award, public policy, patent illegality, limitation, jurisdiction and court procedure.
Read Section 34 guide →PRACTICAL LEGAL GUIDES
New arbitration articles
Understand the legal remedies available after an arbitral award and the orders that can be appealed.
How to File an Appeal Under Section 37 of the Arbitration Act
Appealable court and tribunal orders, competent appellate forums, limitation, filing steps and the scope of review.
Read Section 37 guide →Overview and current legal position
The Arbitration and Conciliation Act, 1996 consolidates Indian law on domestic arbitration, international commercial arbitration, recognition and enforcement of certain foreign arbitral awards, and conciliation. The statute has been materially amended, including by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019 and 2021.
Part IA on the Arbitration Council of India (Sections 43A to 43M) was inserted by the 2019 amendment and brought into force with effect from 12 October 2023. It is included below because it was missing from the earlier page.
Conciliation and the Mediation Act, 2023: the Mediation Act, 2023 contains a Sixth Schedule proposing substitution of Sections 61-81 of this Act. However, Section 61 of the Mediation Act (the provision that would make that amendment) has not been commenced under the notified commencement provisions. Accordingly, the existing Part III conciliation provisions remain listed here.
Arbitration agreementSections 7-9
Award and challengeSections 28-36
AppealsSections 37, 50 and 59
Preliminary
Section 1 - Short title, extent and commencement
(1) This Act may be called the Arbitration and Conciliation Act, 1996.
(2) It extends to the whole of India.
The Act was brought into force on 22 August 1996 by notification G.S.R. 375(E).
Part I - Arbitration
Chapter I - General provisions
Chapter II - Arbitration agreement
Chapter III - Composition of arbitral tribunal
- Section 10 Number of arbitrators
- Section 11 Appointment of arbitrators
- Section 11A Power of Central Government to amend Fourth Schedule
- Section 12 Grounds for challenge
- Section 13 Challenge procedure
- Section 14 Failure or impossibility to act
- Section 15 Termination of mandate and substitution of arbitrator
Chapter IV - Jurisdiction of arbitral tribunals
Chapter V - Conduct of arbitral proceedings
- Section 18 Equal treatment of parties
- Section 19 Determination of rules of procedure
- Section 20 Place of arbitration
- Section 21 Commencement of arbitral proceedings
- Section 22 Language
- Section 23 Statements of claim and defence
- Section 24 Hearings and written proceedings
- Section 25 Default of a party
- Section 26 Expert appointed by arbitral tribunal
- Section 27 Court assistance in taking evidence
Chapter VI - Making of arbitral award and termination of proceedings
- Section 28 Rules applicable to substance of dispute
- Section 29 Decision making by panel of arbitrators
- Section 29A Time limit for arbitral award
- Section 29B Fast track procedure
- Section 30 Settlement
- Section 31 Form and contents of arbitral award
- Section 31A Regime for costs
- Section 32 Termination of proceedings
- Section 33 Correction and interpretation of award; additional award
Chapter VII - Recourse against arbitral award
Chapter VIII - Finality and enforcement of arbitral awards
Chapter IX - Appeals
Chapter X - Miscellaneous
- Section 38 Deposits
- Section 39 Lien on arbitral award and deposits as to costs
- Section 40 Arbitration agreement not to be discharged by death of party thereto
- Section 41 Provisions in case of insolvency
- Section 42 Jurisdiction
- Section 42A Confidentiality of information
- Section 42B Protection of action taken in good faith
- Section 43 Limitations
Part IA - Arbitration Council of India
Sections 43A-43M
- Section 43A Definitions
- Section 43B Establishment and incorporation of Arbitration Council of India
- Section 43C Composition of Council
- Section 43D Duties and functions of Council
- Section 43E Vacancies, etc., not to invalidate proceedings of Council
- Section 43F Resignation of Members
- Section 43G Removal of Member
- Section 43H Appointment of experts and constitution of Committees thereof
- Section 43-I General norms for grading of arbitral institutions
- Section 43J Norms for accreditation of arbitrators
- Section 43K Depository of awards
- Section 43L Power to make regulations by Council
- Section 43M Chief Executive Officer
Part II - Enforcement of Certain Foreign Awards
Chapter I - New York Convention Awards
- Section 44 Definition
- Section 45 Power of judicial authority to refer parties to arbitration
- Section 46 When foreign award binding
- Section 47 Evidence
- Section 48 Conditions for enforcement of foreign awards
- Section 49 Enforcement of foreign awards
- Section 50 Appealable orders
- Section 51 Saving
- Section 52 Chapter II not to apply
Chapter II - Geneva Convention Awards
Part III - Conciliation
Sections 61-81
- Section 61 Application and scope
- Section 62 Commencement of conciliation proceedings
- Section 63 Number of conciliators
- Section 64 Appointment of conciliators
- Section 65 Submission of statements to conciliator
- Section 66 Conciliator not bound by certain enactments
- Section 67 Role of conciliator
- Section 68 Administrative assistance
- Section 69 Communication between conciliator and parties
- Section 70 Disclosure of information
- Section 71 Co-operation of parties with conciliator
- Section 72 Suggestions by parties for settlement of dispute
- Section 73 Settlement agreement
- Section 74 Status and effect of settlement agreement
- Section 75 Confidentiality
- Section 76 Termination of conciliation proceedings
- Section 77 Resort to arbitral or judicial proceedings
- Section 78 Costs
- Section 79 Deposits
- Section 80 Role of conciliator in other proceedings
- Section 81 Admissibility of evidence in other proceedings
Part IV - Supplementary Provisions
Supplementary provisions
Important note on Section 87
Section 87 was inserted by the 2019 Amendment Act with retrospective effect from 23 October 2015. The Supreme Court in Hindustan Construction Company Limited v. Union of India (judgment dated 27 November 2019) struck down the insertion of Section 87, together with the deletion of Section 26 of the 2015 Amendment Act, as manifestly arbitrary. The section remains visible in some consolidated statutory presentations for historical/textual reference, but its constitutional status must be read with that judgment.