SC Constitution Bench hears if courts can modify arbitral award under S.34/37

SC Constitution Bench hears if courts can modify arbitral award under S.34/37

The Supreme Court Constitution Bench today (February 13) commenced hearing in the matter of whether Courts have the power to change an arbitral award under the provisions of S. 34 and 37 of the Arbitration and Conciliation Act, 1996. S. 34 details the procedure to be followed for an application to set aside. An order is not appealable unless it is provided by S. 37 of the Act in respect to arbitral disputes. The bench includes Justices BR Gavai, Sanjay Kumar, AG Masih and KV Viswanathan along with CJI Sanjiv Khanna. Today (February 13), a Constitution Bench of the Supreme Court commenced its hearing on the question of whether Courts are empowered to amplify an arbitral award in accordance with S. 34 and 37 of the Arbitration and Conciliation Act, 1996. S. 34 lays down the framework for applying for setting aside an arbitral award. In S. 37 of the Act instances where appeal will lie are discussed against the orders regarding arbitral disputes. The bench includes Justices BR Gavai, Sanjay Kumar, AG Masih and KV Viswanathan.

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