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The Arbitration and Conciliation Act, 1996: page 25

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arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the
opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.
     1
     [(5) An application under this section shall be filed by a party only after issuing a prior notice to the
other party and such application shall be accompanied by an affidavit by the applicant endorsing
compliance with the said requirement.
    (6) An application under this section shall be disposed of expeditiously, and in any event, within a
period of one year from the date on which the notice referred to in sub-section (5) is served upon the other
party.]

                               STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).
Amendment of section 34.—

(i) after sub-section (2), insert the following sub-section, namely:—

          “(2A) An arbitral award may also be set aside by the Court, if the Court finds that the award is
     vitiated by patent illegality appearing on the face of the award:

          Provided that an award shall not be set aside merely on the ground of an erroneous application of
     the law or by re-appreciation of evidence.”;                         e
(ii) in sub-section (3),—
                                                                      od
          (i) for “three months” substitute, “six months”;
                                                                     aC
                                                               di
         (ii) in proviso thereto, for, “three months” and “thirty days” substitute respectively “six months”
     and “sixty days”.                                     In
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]

                                                           CHAPTER VIII
                                        Finality and enforcement of arbitral awards
    35. Finality of arbitral awards.—Subject to this Part an arbitral award shall be final and binding on
the parties and persons claiming under them respectively.
     2
     [36. Enforcement.—(1) Where the time for making an application to set aside the arbitral award
under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be
enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same
manner as if it were a decree of the court.
    (2) Where an application to set aside the arbitral award has been filed in the Court under section 34,
the filing of such an application shall not by itself render that award unenforceable, unless the Court
grants an order of stay of the operation of the said arbitral award in accordance with the provisions of
sub-section (3), on a separate application made for that purpose.
    (3) Upon filing of an application under sub-section (2) for stay of the operation of the arbitral award,
the Court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for
reasons to be recorded in writing:




1. Ins. by Act 3 of 2016, s. 18 (w.e.f. 23-10-2015).
2. Subs. by s. 19, ibid., for s. 36 (w.e.f. 23-10-2015).
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