Tag: Section 34

The Supreme Court by way of a landmark judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited, dealt with the issue of whether courts have the power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). ......

On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ... ...

The Delhi High Court ("Court") recently set aside an arbitration award that granted damages without proof of loss or injury, on the ground of patent illegality under Section 34 of the Arbitration and Conciliation Act, 1999 ("Arbitration Act") in Indian Oil Corporation Limited vs. M/s Fiberfill Engineers Limited . ... ...

Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......