Document Fragment View

Matching Fragments

31. In the case of McDermott International Inc. vs. Burn Standard Co. Ltd. & Ors. (2006) 11 SCC 181, the Supreme Court has clearly held that the courts under the 1996 Act have a supervisory role for review of the Arbitral Award only to ensure fairness. Intervention is envisaged in very limited circumstances and at a minimum threshold.

32. Very recently, the Supreme Court, in the case of Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors., 2019 SCC OnLine SC 1520, has further narrowed down the scope of examining the Arbitral Award in a petition filed before a Court under Section 34 of the Act. Relevant para is extracted hereinunder:-