Section 37 of The Arbitration Act IV

Posted on by Rudrajyoti Nath Ray

Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on Appellate Court under Section 37(1)(c) to remand. However, Appellate Court can exercise power of remand only when exceptional circumstances make a remand unavoidable.

– Hon’ble Justice Abhay S. Oka, Bombay Slum Redevelopment Corporation Private Limited v. Samir Narain Bhojwani, [Civil Appeal No. 7247 of 2024]. 

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Bombay Slum Redevelopment Corporation Private Limited v. Samir Narain Bhojwani (2024) 7 SCC 218 held, jurisdiction of Appellate Court under Section 37 of the Act is more constrained than jurisdiction of Court under Section 34.

– Hon’ble Justice Pankaj Mithal, Jan De Nul Dredging India Pvt. Ltd. v. Tuticorin Port Trust, [Special Leave Petition (Civil) No. 8803 of 2021] decided on 07.01.2026.


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