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1 - 10 of 33 (0.28 seconds)Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The National Highways Act, 1956
Section 34 in The Arbitration Act, 1940 [Entire Act]
Section 26 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Konkan Railway Corporation Limited vs Chenab Bridge Project Undertaking on 17 August, 2023
In Konkan Railway Corporation Ltd. Vs.
Chenab Bridge Project Undertaking (2023) 9 SCC 85, it
was held that jurisdiction of the Court under Section 37
of the Act is akin to that under Section 34 of the Act.
M/S Dyna Technologies Pvt.Ltd. vs M/S Crompton Greaves Ltd. on 18 December, 2019
In Dyna Technologies Private Limited v.
Crompton Greaves Limited, this Court held:
Reliance Infrastructure Ltd. vs State Of Goa on 10 May, 2023
under Section 34 of the 1996 Act. Therefore,
Division Bench of the High Court was not at all
justified in setting aside the arbitral award
exercising extremely limited jurisdiction under
Section 37 of the 1996 Act by merely using
expressions like 'opposed to the public policy of
India', 'patent illegality' and 'shocking the
conscience of the court'. As reiterated by this
Court in Reliance Infrastructure Ltd. (supra), it
is necessary to remind the courts that a great
deal of restraint is required to be shown while
examining the validity of an arbitral award
when such an award has been upheld, wholly
or substantially, under Section 34 of the 1996
r Act. Frequent interference with arbitral awards
would defeat the very purpose of the 1996 Act.
Associate Builders vs Delhi Development Authority on 25 November, 2014
Associate Builders (supra)]. The other ground
would be denial of natural justice. In appeal,
Section 37 of the Act grants narrower scope to
the appellate court to review the findings in an
award, if it has been upheld, or substantially
upheld under Section 34. It is important to
notice that the old Act contained a provision
which enabled the court to modify an award.
However, that power has been consciously
omitted by Parliament, while enacting the Act
of 1996. This means that the Parliamentary
intent was to exclude power to modify an
award, in any manner, to the court.