Supreme Court of India
M/s Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S Dhariwal and Others
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What the Court ordered
We hold that in case of arbitration proceedings commenced and concluded prior to the amendment of section 34(2)(a) by Act 33/2019, pre-amendment of section 34(2)(a) shall be applicable.
Judgment, page 11
From the headnote
Arbitration & Conciliation Act, 1996 – s.34(2)(a) – Prior and post 2019 Amendment – Whether the applicant can be permitted t o adduce evidence to support the ground relating to Public Policy in an application filed u/s. 34 of the Arbitration & onciliation Act, 1996 – Held: In the instant case, the arbitration p roceedings commenced and even the award was declared prior to the amendment of s.34(2)(a) by Act 33/2019, so s.34(2)(a) pre-amendment s hall be applicable – In s.34(2)(a) pre-amendment, an arbitral award could be set aside by the Court if the party making application “furnis hes proof”
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