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Head Note

The Arbitration and Conciliation Act, 1996  - Section 34

Arbitral award - Challenge as to - Errors of fact - Public policy - Judicial review - Rough and ready justice - Expression 'Justice' - The formula applied by the Division Bench was that it would itself do "rough and ready justice "and this cannot be done by any court under the jurisdiction exercised under Section 34 of the Arbitration Act - The expression "justice" when it comes to setting aside an award under the public policy ground can only mean that an award shocks the conscience of the court - It cannot possibly include what the court thinks is unjust on the facts of a case for which it then seeks to substitute its view for the Arbitrator's view and does what it considers to be "justice" - The whole approach of the Division Bench of the High Court to setting aside arbitral awards held to be incorrect since it has lost sight of the fact that it is not a first appellate court and cannot interfere with errors of fact.

Topic(s)-Arbitral award