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Apr 29, 2024

SC Refers Question of ‘Court’s Power to Modify Arbitral Award’ to a Larger Bench

The Supreme Court of India (‘SC’) in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited,[1] has, due to conflicting decisions of the SC as well as the High Courts (‘HCs‘), inter alia, referred the question of whether Courts, under Section 34 or Section 37 of the Arbitration and Conciliation Act, 1996 are empowered to modify an arbitral award and whether such power can be exercised only where an award is severable, to a larger bench of the SC.

[1] Gayatri Balasamy v. M/S ISG Novasoft Technologies, SLP (C) Nos. 15336-15337/2021

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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