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      Question

      Under Section 34(2)(b) of the Arbitration and

      Conciliation Act, 1996, a court may set aside an award on its own motion if:
      A One party was not represented by a lawyer during proceedings Correct Answer Incorrect Answer
      B The award was passed only on written submissions without oral hearing Correct Answer Incorrect Answer
      C The arbitrator committed an error of law apparent on the face of the record Correct Answer Incorrect Answer
      D The subject matter is not capable of settlement by arbitration, or the award conflicts with the public policy of India Correct Answer Incorrect Answer

      Solution

      Section 34(2)(b) allows the court suo motu to set aside an award if: (i) the subject matter is not arbitrable under Indian law, or (ii) the award conflicts with the public policy of India. All other grounds under Section 34(2)(a) require a specific party application. The 2015 Amendment narrowed "public policy" to cover only fraud, fundamental policy of Indian law, or conflict with basic notions of morality and justice.

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