Arbitration case insight: Supreme Court holds that courts cannot modify arbitral awards under section 34 of the Arbitration and conciliation Act, 1996
July 21, 2021
Madras High Court had disposed of a set of appeals by the National Highways Authority of India (“NHAI”) laying down that in so far as arbitral awards made under the National Highways Act, 1956 (“NHAI Act”) are concerned, Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”) must be interpreted so as to permit modification of awards, in order to enhance the amount of compensation awarded by arbitral tribunals. With this decision, the Supreme Court has conclusively settled the debate on whether Courts can modify an arbitral award under Section 34 of the Act.
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