Court Cannot, After Setting Aside Arbitration Award, Proceed To Grant Further Relief By Modifying Award : Supreme Court
1 year, 7 months ago

Court Cannot, After Setting Aside Arbitration Award, Proceed To Grant Further Relief By Modifying Award : Supreme Court

Live Law  

The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.Indian Oil Corporation terminated dealership of M/s Sathyanarayana Service Station. The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award. 45 E and 220 National Highways Authority of India v. M. Hakeem and another 9 SCC 1], further observed: "The High Court also erred in proceeding to order restoration of the dealership to the first respondent after setting aside the award and going further by leaving it open to the first respondent to claim damages. Case details Indian Oil Corporation vs Sathyanarayana Service Station | 2023 LiveLaw 415 | CA 3533 OF 2023 | 9 May 2023 | Justices K M Joseph and B V Nagarathna Headnotes Arbitration and Conciliation Act, 1996 ; Section 34, 37 - The Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.

Arbitration Court Indian Oil Corporation View Award Arbitrator Proceed Aside Setting Sathyanarayana Service Station Grant Further Relief  supreme  setting  award  aside  national  modifying  arbitrator  grant  v  arbitration  relief  view  court  proceed

History of this topic

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
4 weeks, 1 day ago

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of the …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
1 month, 1 week ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

Arbitration Weekly Round-Up: 8th January-14th January 2024
11 months ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

Live Law  

Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
1 year, 2 months ago

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court

Live Law  

Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. It is elementary, though it has to be restated, that a judicial decision …

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023
1 year, 7 months ago

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023

Live Law  

Supreme Court: Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court Case Title: Reliance Infrastructure Ltd. vs State of Goa The Supreme Court has observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent …

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 8 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable?
2 years, 8 months ago

Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable?

Live Law  

Non-interference of courts, except to the extent of supervision, is the spinal cord of arbitration legislations across the jurisdictions. In M. Hakeem, the Court has settled that at the stage of the challenge of an arbitral award i.e., an application under section 34 of the Indian Arbitration and Conciliation Act, 1996, the court can either set aside the arbitral award …

Arbitration - Party Not Barred From Raising New Grounds To Set Aside Award In An Sec 37 Appeal: Supreme Court
3 years, 1 month ago

Arbitration - Party Not Barred From Raising New Grounds To Set Aside Award In An Sec 37 Appeal: Supreme Court

Live Law  

The Supreme Court observed that a party is not barred from raising an additional ground for setting aside an arbitration award in arbitration appeal under Section 37 of the Arbitration Conciliation Act,1996, merely because the said ground was not raised in the petition under Section 34 to set aside the Arbitration award.In this case, an Arbitration award was passed in …

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court
3 years, 9 months ago

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court

Live Law  

"While it is not necessary for an arbitral award to justify every paisa or a rupee awarded to the claimant, the broad premise on which the quantum is founded has to be discernible from award itself for the award to be meaningful or even intelligible in legal terms," observed the Madras High Court recently. A Division Bench comprising of Chief …

Arbitration: Court Reckoner - July 2020
4 years, 3 months ago

Arbitration: Court Reckoner - July 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of July 2020 under the Arbitration & Conciliation Act, 1996. v Bajaj Finance Ltd., High Court of Delhi while dealing with a petition seeking restraint on sale of pledged shares on the ground that the fall in …

Arbitration: Court Reckoner [June 2020]
4 years, 5 months ago

Arbitration: Court Reckoner [June 2020]

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of June 2020 under the Arbitration & Conciliation Act, 1996. In Rashmi Cement Ltd. v World Metals & Alloys & Anr., High Court of Delhi while dealing with a S. 9 Petition seeking certain interim measures in …

Discover Related