18. In section 34 of the principal Act,—
(I) in sub—section (2), in clause (b), for the Explanation, the following Explanations shall be substituted, namely:—
“Explanation 1,—For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India. only if,—-——
(i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or
section 81; or
(ii) it is in contravention with the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice.
Explanation 2.~—For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the
dispute”;
(1]) after sub—section (2), the following subsection shall be inserted, narnelyz— -
“(2A) An arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award:
Provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by re- appreciation of evidence”;
(11]) after sub-section (4), the following sub-sections shall be inserted, namely:—— ‘
“(5) An application under this section shall be filed by a party only after issuing a prior notice to the other party and such application shall be accompanied by an afhdavit by the applicant endorsing compliance with the said requirement.
(6) application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is serVed upon the other party”.
