Courts Can Modify Arbitral Awards Under Certain Circumstances Under S.34/37 Arbitration Act

Courts Can Modify Arbitral Awards Under Certain Circumstances Under S.34/37 Arbitration Act

The Supreme Court, in a 4:1 majority decision, addressed whether courts can modify arbitral awards under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. The case, referred to the Constitution Bench due to conflicting smaller bench decisions, clarified the issue. The majority, led by CJI Sanjiv Khanna, held that courts have limited powers to modify arbitral awards in specific situations, including when the award is severable, to correct clerical, computational, or typographical errors, or to modify post-award interest in certain cases. The Court emphasized using its powers under Article 142 with caution and within constitutional boundaries, ensuring judicial intervention remains minimal and respects arbitral autonomy.