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Power of Court to Modify Arbitral Award – Gayatri Balaswamy v. ISG Novasoft Technologies Ltd.
Case Law Details
- Case Name
- Gayatri Balasamy Vs ISG Novasoft Technologies Limited (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Gayatri Balasamy Vs ISG Novasoft Technologies Limited (Supreme Court of India)
In its landmark judgment delivered on 30th April 2025, the Supreme Court of India addressed the contentious issue of whether Indian courts possess the authority to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. The case, Gayatri Balasamy v. ISG Novasoft Technologies Limited served as the focal point for this deliberation.The Supreme Court by a majority of 4:1, held that Indian courts have a “limited power” to modify arbitral awards. T...
Author Info
Arbitration proceedings with an arbitrator rest on the bedrock of agility, finality and clarity. But the parties pay considerably higher fees to the arbitrator, far more than Court or stamp fees. The arbitrator can be extremely biased or be a case of non application of mind. Just any other human being or a sitting judge. So why should an arbitrator’s award be final? So what if floodgates open up and parties are back in courtroom? If there has been even the slightest injustice, a party has every right to seek redress. That is what our freedoms and democracy are about.
This is an outsider view completely!