Arbitration award _ Setting aside of _ Principle of severability.

Arbitration award _ Setting aside of _ Judicial discretion vested in the court in terms of the provisions of section 34 takes within its ambit power to set aside an award partly or wholly depending on the facts and circumstances of the given case _ Legislature has vested wide discretion in the court to set aside an award wholly or partly, of course, within the strict limitations stated in the said provisions _ Language of section 34(2) does not use any specific language which debars the court from exercising its discretion otherwise vested in it by virtue of its very creation to set aside the award wholly or partially as the case may be _ There would be an absolute duty on the court to invoke the principle of severability where the matter submitted to arbitration can clearly be separated from the matters not referred to arbitration and decision thereupon by the Arbitral Tribunal.
R.S. Jiwani Vs. Ircon International Ltd. (FULL BENCH) 2010 (2) LJSOFT (URC) 34