Supreme Court Constitution Bench to Examine Power of Courts to Modify Arbitral Awards
- Case Name: Gayatri Balasamy v ISG Novasoft Technologies Ltd
- Judge(s): Sanjiv Khanna, Sanjay Kumar & KV Vishwanathan
- Advocate(s): Adv. Saurabh Kirpal
The Supreme Court has referred to a five-judge Constitution bench the critical issue of whether courts can modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
The bench, led by CJI Sanjiv Khanna, emphasized the need for clarity in arbitration jurisprudence.
The case highlights whether courts can modify awards or are restricted to setting them aside.
Section 34 allows setting aside awards on limited grounds like procedural irregularities, while Section 37 governs appeals.
The move seeks to resolve longstanding legal ambiguity.
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