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Arbitration
Arbitration
Further, one of the grounds for challenging an award is given in Section 34. Section 34(2) (a)
(iv) states that An arbitral award may be set aside by the Court only if the party making the
application furnishes proof that the arbitral award deals with a dispute not contemplated by
or not falling within the terms of the submission to arbitration, or it contains decisions on
matter beyond the scope of the submission to arbitration. The same is reiterated in Oil &
Natural Gas Corporation Ltd vs Saw Pipes Ltd.
In Rajinder Kishan Kumar v. Union of India[viii], a matter under a writ petition was
referred to arbitration. The writ petition contained no claim of compensation for damage to
potentiality of the land because of the opposing party discharging effluents and slurry on the
land. The award of such compensation was held to be outside the scope of reference hence
liable to be set aside.
Thus, arbitrator is obliged to be within the bounds of the dispute that is referred to him.