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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