Section 34 of The Arbitration Act V

Posted on by Rudrajyoti Nath Ray

There can be no doubt, given the law laid down by this Court, Section 34 of The Arbitration Act, 1996 cannot be held to include within it a power to modify an Award. It is important to remember, Section 34 is modelled on The UNCITRAL Model Law on International Commercial Arbitration, 1985, under which no power to modify an Award is given to a Court hearing a challenge to an Award. The statutory scheme under Section 34 of The Arbitration Act, 1996 is in keeping with UNCITRAL Model Law.

See, Cybernetics Network Pvt. Ltd. v. Bisquare Technologies Pvt. Ltd., 2012 SCC OnLine DEL 1155; Nussli Switzerland Ltd. v. Organizing Committee Commonwealth Games, 2014 SCC OnLine DEL 4834; Puri Construction P. Ltd. v. Larsen and Toubro Ltd., 2015 SCC OnLine DEL 9126.

– Hon’ble Justice R.F. Nariman, National Highways Authority of India v. M. Hakeem, [Special Leave Petition (Civil) No. 13020 of 2020].

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