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1 - 8 of 8 (0.33 seconds)The Arbitration And Conciliation Act, 1996
Fiza Developers And Inter-Trade Pvt ... vs Amci (India) Private Limited on 12 September, 2008
17. Before concluding, it is also necessary to remind oneself that
Section 34 of A and C Act is a delicate balance between sanctity of
finality of arbitral awards ingrained in Section 35 read with minimum
judicial intervention principle ingrained in Section 5 of A and C Act on
the one side and judicial review which is one of the bedrock facets of
Rule of Law on the other. This makes Section 34 a default provision. In
this default provision, the scope of judicial intervention is very minimal.
Hon'ble Supreme Court has repeatedly held that a Section 34 exercise is
by way of a summary procedure. This is vide oft-quoted Fiza
Developers case law [Fiza Developers and Inter-Trade Private Limited
Vs. AMCI (India) Private Limited reported in (2009) 17 SCC 796].
Section 5 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Associate Builders vs Delhi Development Authority on 25 November, 2014
To be noted,
reference to Paragraphs in Associate Builders case law is from SCC
report as reported in (2015) 3 SCC 49. Once an argument is moved into
patent illegality under Section 34(2A), the proviso kicks in i.e., proviso
to Section 34(2A). Proviso forbids two legal exercises, i) it forbids re-
appreciation of evidence and ii) it forbids setting aside an award merely
on the ground of erroneous application of law.
Section 35 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 82 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
Therefore, after a detailed
analysis, in Ssangyong case law, Hon'ble Supreme Court made it clear
that post 23.10.2015 amendments to A and C Act under the scheme of A
and C Act, a review of an impugned award on merits is impermissible.
https://www.mhc.tn.gov.in/judis
11/18
Arb.O.P (Com.Div) No.322 of 2022
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