Section 34 of the Arbitration Act, 1996 does not include within it a power to modify an award

12
08/2021

Section 34 of the Arbitration Act, 1996 does not include within it a power to modify an award

In National Highways Authority Of India vs M. Hakeem, appeal was filed against order of Division Bench of the Madras High Court, permitting enhancement of arbitral award under Section 34 of the Arbitration Act.

The Supreme Court referring to various authorities declared that Section 34 is modelled on the UNCITRAL Model Law on International Commercial Arbitration, 1985, under which no power to modify an award is given to a court hearing a challenge to an award.

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