As far as section 34 of the Arbitration Act, 1996 is concerned, the position is that Court does not sit in appeal over the arbitral award and may interfere on merits on the limited grounds provided under Section 34(2) (b) (ii) i.e. if award is against public policy of India. Further, an arbitral award may not be interfered if the view taken by the arbitrator is a possible view based on facts.

However, position changed after 2015 Amendment whereby Explanation 1 was inserted to Section 34(2) and the scope of contravention of public policy was modified to the extent that it now means fraud or corruption in the making of the award etc. Additionally, in domestic arbitration’s, violation of Indian Public Policy also includes patent illegality appearing on the face of the award. [Section 34 (2A)]