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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