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Jul 31, 2019

Supreme Court Upholds a Minority Arbitration Award

On May 8, 2019, the SC held that[1] the amendments to Section 34 of the Arbitration Act would apply to appeals filed post the 2015 amendments even if the arbitral proceedings had commenced prior to the date of the amendments i.e., October 23, 2015. On this basis, the SC set aside the majority award under Section 34 of the Arbitration Act in the impugned matter. Instead of the dispute being referred afresh to arbitration, in order to do complete justice between the parties, the SC invoked its powers under Article 142 of the Constitution of India and upheld the minority award and directed the parties to execute the same.

[1] Ssangyong Engineering & Construction Co. Limited v. National Highway Authority of India, 2019 SCC Online SC 677.

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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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