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    Indian Laws

    Modification of Arbitral Award - reduction in the rate of...

    Court Limits Intervention on Arbitral Awards: Section 34 Only Allows Challenge for Fundamental Patent Illegality, Not Minor Issues.

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    Indian LawsAugust 23, 2023Case LawsSC

    Modification of Arbitral Award - reduction in the rate of interest - The limited and extremely circumscribed jurisdiction of the court under Section 34 of the Act, permits the court to interfere with an award, sans the grounds of patent illegality, i.e., that “illegality must go to the root of the matter and cannot be of a trivial nature”; and that the tribunal “must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground”. - SC

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