Unit III · Alternate Dispute Resolution

Form of award and setting aside under section 34

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Arbitration and Conciliation Act, 1996	31	Form and contents of arbitral award
Arbitration and Conciliation Act, 1996	34	Application for setting aside arbitral award
Arbitration and Conciliation Act, 1996	34(2-A)	Patent illegality appearing on the face of the award (domestic)

(2003) 5 SCC 705 · Supreme Court of India

'Public policy of India' was read widely to include patent illegality (later narrowed by amendment and subsequent cases).

(2015) 3 SCC 49 · Supreme Court of India

Judicial review under section 34 does not sit as an appeal on facts; public policy, Wednesbury and patent illegality were mapped.

(2019) 15 SCC 131 · Supreme Court of India

After the 2015 amendment, 'public policy' is narrow; a domestic award may still be set aside for patent illegality but not for a mere error of law.