Delhi Judicial Services 2006

An arbitral award may be set aside by court if

Verified Answer
A. The subject matter of dispute is not capable of settlement by arbitration under law for time being in force
B. The arbitral award is in conflict with public policy of India
C. Both (A) & (B) are incorrect
D. Both (A) & (B) are correct

Explanation:

Section 34(2)(b) of the Arbitration and Conciliation Act, 1996, provides grounds for setting aside an arbitral award by a court. These grounds include: the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or the arbitral award is in conflict with the public policy of India. Therefore, both (A) and (B) are correct grounds for setting aside an arbitral award.