Section 34 evidence rules: pre-amendment arbitration challenges may allow exceptional affidavits or additional material outside the arbitral record.

Section 34 proceedings under the Arbitration and Conciliation Act are summary in nature and are meant to ensure minimal court interference. Under the pre-amendment regime, a party could furnish proof by affidavit and, in an exceptional case, adduce additional evidence; cross-examination should be permitted only where indispensable. The 2019 amendment, requiring the case to be established on the arbitral tribunal record, marked a substantial change and applies prospectively, so pre-amendment awards remain governed by the earlier standard. Where the material relied on concerns a subsequent development outside the arbitral record, a limited opportunity to lead evidence may be justified, and refusal to permit such evidence was not warranted on the stated facts.

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Issues: Whether, in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, a party can be permitted to adduce additional evidence or affidavits to establish grounds relating to public policy, particularly where the arbitral proceedings and award predated the 2019 amendment.

Analysis: Section 34 proceedings are summary in nature and are intended to secure speedy disposal with minimal court interference. The pre-amendment formulation requiring a party to "furnish proof" permits evidence by affidavit and, in exceptional cases, additional evidence, though cross-examination should be allowed only when absolutely necessary. The amendment substituting the requirement of establishing the case on the basis of the record of the arbitral tribunal was held to mark a substantial change and, for awards passed before that amendment, the pre-amendment regime governs. Where the material sought to be relied upon concerns a subsequent development not forming part of the arbitral record, and the record itself does not contain the relevant material, a limited opportunity to adduce evidence may be justified in an exceptional case.

Conclusion: Additional evidence or affidavits may be permitted in a suitable exceptional case in pre-amendment Section 34 proceedings, and the refusal to permit such evidence was not warranted on the facts.

Ratio Decidendi: A pre-amendment Section 34 application is a summary proceeding where evidence beyond the arbitral record may be permitted only exceptionally, and cross-examination should ordinarily be avoided unless indispensable.

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