Contributed By S&R Associates
Section 34 of the Act which provides grounds to challenge an arbitral award is a provision from which parties to an arbitration agreement providing for arbitration seated in India cannot derogate. Accordingly, parties cannot, by agreement, exclude the grounds available under Section 34 to challenge an award. However, Section 34(2)(v) of the Act permits a court to set aside an award upon proof that the composition of the arbitral tribunal or the arbitral procedure adopted by the arbitral tribunal was not in accordance with the agreement of the parties. Accordingly, under this provision, additional grounds to challenge an arbitral award may become available to the extent that parties have agreed an arbitral procedure or requirements for the composition of the arbitral tribunal and that agreement of the parties is not followed.