Saturday, November 15, 2025

Explaining Sec. 34 of Arbitration and Conciliation Act, 1996

Explaining Sec. 34 of Arbitration and Conciliation Act, 1996 

It was reiterated in Konkan Railway Corpn Ltd v. SRC Company Infra Pvt Ltd [2025] GCtR 1703 (Bombay) that the Supreme Court in Associate Builders Vs. Delhi Development Authority [2014] GCtR 1661 (SC) laid down that an Award would be liable to be set aside under Section 34 of A&C Act, 1996, if it suffers from patent illegality, including contravention of substantive provisions of law; ignoring binding judicial precedents; or misconstruction of the terms of the Contract. The present case was one such case where the Award was liable to be set aside under Section 34 of the Arbitration Act, as it suffers from patent illegality. 

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