Latest Supreme Court Judgments On Arbitration and Conciliation Act

Larsen Air Conditioning and Refrigeration Company vs Union of India | 2023 INSC 708 | Arbitration & Conciliation Act, 1996 : Section 34, 37

“The court is powerless to modify the award and can only set aside partially, or wholly, an award on a finding that the conditions spelt out under Section 34 of the 1996 Act have been established.” “The limited and extremely circumscribed jurisdiction of the court under Section 34 of the Act, permits the court to interfere with an award, sans the grounds of patent illegality, i.e., that “illegality must go to the root of the matter and cannot be of a trivial nature”; and that the tribunal “must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground” .The other ground would be denial of natural justice. In appeal, Section 37 of the Act grants narrower scope to the appellate court to review the findings in an award, if it has been upheld, or substantially upheld under Section 34.”

Leave a Comment

Your email address will not be published. Required fields are marked *