Sep 30, 2021

SC holds that Court is not Empowered to Modify an Award under Section 34 of the Arbitration Act

The Supreme Court in The Project Director, NHAI v. M. Hakeem[1] held that Section 34 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) does not empower the Court to modify an arbitral award. The limited remedy available under Section 34 is either to set aside an award or remand the matter under the circumstances mentioned in Section 34 of the Arbitration Act. The Court may not correct the errors of the arbitrators, but rather quash the award, leaving the parties free to begin the arbitration again if it is so desired.


[1] Special Leave Petition (Civil) No. 13020 of 2020.




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