AI Overview...
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Court cannot modify arbitral awards under Section 34 - Multiple sources confirm that courts lack the authority to modify or alter arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996. Instead, their jurisdiction is limited to setting aside (annulling) awards or remanding them for reconsideration. Notably, sources Canara Bank VS State Trading Corporaton Of India Ltd. - Delhi, Airports Authority of India, Represented by its Asst. General Manager VS URC Construction (P) Ltd. - Madras, National Highway Authority of India VS Parimal Bajpai - Allahabad, NATIONAL HIGHWAYS AUTHORITY OF INDIA THRO HARMENDRA SINGH ROTRWAL V/s MER RANABHAI RAMDEBHAI - Gujarat, Indu Projects Pvt. Ltd. VS NMDC (A Govt. of India Enterprise) Hyderabad - Telangana, and UNION TERRITORY OF J AND K (PUBLIC WORKS DEPARTMENT) vs M/S HINDUSTAN CONSTRUCTIONS CO. LIMITED AND ORS. - Jammu and Kashmir emphasize this restriction, citing Supreme Court rulings such as Hakeem and clarifying that modification is beyond the court's scope.
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Section 37's role - While Section 37 provides appellate avenues and allows for remand in certain cases, it does not extend to modifying awards. The appellate court can uphold, set aside, or remand awards but cannot alter the terms or interests awarded. Source Gopal Agrawal vs Union Of India Through Its Chief Engineer (Construction), South Eastern Central Railway, Bilaspur - Chhattisgarh highlights that Section 37's powers include remand, but modification remains outside its jurisdiction.
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Remand and setting aside as primary remedies - When issues arise with an arbitral award, courts typically set aside the award or remand it for reconsideration rather than modify it. Section 34(4) permits remand if defects are identified, but modification is explicitly not authorized. Source National Highway Authority of India VS Parimal Bajpai - Allahabad discusses the procedure of setting aside and remitting awards to cure defects.
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Legal precedents and interpretations - Supreme Court decisions, such as in Hakeem (Airports Authority of India, Represented by its Asst. General Manager VS URC Construction (P) Ltd. - Madras) and J&K Arbitration Act cases (UNION TERRITORY OF J AND K (PUBLIC WORKS DEPARTMENT) vs M/S HINDUSTAN CONSTRUCTIONS CO. LIMITED AND ORS. - Jammu and Kashmir), reinforce the principle that courts cannot modify arbitral awards. The courts' role is limited to ensuring the award's validity and procedural correctness, not altering its substantive content.
Analysis and Conclusion:
The consensus across authoritative sources and judicial rulings is clear: courts under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, do not possess the power to modify arbitral awards. Their jurisdiction is confined to setting aside, remanding, or upholding awards. Any attempt to modify an award is beyond their legal authority, and the appropriate remedy for errors or issues with an award is to set it aside and, if necessary, remand it for reconsideration, not to alter it.
Search Results for "S 37 Modify Award"
2022 0 Supreme(Del) 1868 • India - Delhi
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
court cannot modify an award under Section 34. ... Act, emphasizing that the court cannot modify an award under Section 34. ... The court also highlighted that it cannot modify an award under Section 34. ... Single Judge nor this Court can modify the award in order to award the Appellant interest. 43. ... The learned Single Judge referred to the power to modify or correct an award under Section 15....
2025 Supreme(Online)(Chh) 7590 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, Radhakishan Agrawal, JJ
Section 37 of the Section 37 court still possesses the power of remand stipulated in Section 34(4). Of course, the appellate court, while exercising power under Section 37 , should be mindful when the award has been upheld by the Section 34 court.
2025 0 Supreme(SC) 1441 • India - Supreme Court
MANOJ MISRA, PAMIDIGHANTAM SRI NARASIMHA
Sections 34 and 37 will not extend to modifying an arbitral award. 6. ... In the proceedings initiated by the appellant under Section 3G(5) of the Highways Act, the arbitrator enhanced the compensation and granted an amount of Rs. 495 per sq.mtr by award dated 19.11.2009. The Appellant challenged the award by filing an application under Section 37 appeal and set aside the order passed by the Principal District Judge, Vellore under Section 34 . ... The acquisition proceedings led to passing of an #HL_ST....
2023 0 Supreme(All) 1695 • India - Allahabad
AJAY BHANOT
which contemplates a second opportunity for the arbitral tribunal to revive arbitration proceedings to cure the defects in the award ... open for the court in the proceedings under Section 34 or in the appeal under Section 37 to modify the award, the appropriate course to be adopted in such event is to set aside the award and remit the matter to the learned Arbitrator in terms of Section 34(4) to keep in view these aspects of the matter ... Application for setting aside arbitral award.....
2024 0 Supreme(Mad) 1568 • India - Madras
M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
that a Section 34 court cannot modify an arbitral award, referencing the Supreme Court's ruling in Hakeem, which overruled previous ... Issues: The primary issue was whether a Section 34 court has the power to modify an arbitral award, which ... Modification - Arbitration - Arbitration and Conciliation Act, 1996 - Sections 34, 37 - The court emphasized ... Courts will include the power to modify an Arbitral Award. ... to whether power of a Section 37#HL_END....
2025 Supreme(GUJ) 175 • India - High Court of Gujarat
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
(A) Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - Scope of jurisdiction - The court examined whether it can modify ... ... ... Issues: The main issues were the scope of the court's jurisdiction under Section 34 and whether it can modify an arbitral ... award. ... Jenil Shah, the learned advocate appearing for the respondents/land holders would submit that the questions as to whether the powers of the Court under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 will incl....
2022 0 Supreme(Telangana) 530 • India - Telangana
P. NAVEEN RAO, J. SREENIVAS RAO
on the interpretation of Section 34 of the Arbitration and Conciliation Act, 1996, and the limitations on the court's power to modify ... or alter an arbitral award. ... Arbitration - Commercial Disputes - Arbitration and Conciliation Act, 1996 - Section 13 of Commercial Courts Act, read with Section 37 ... Power of Court to modify award. ... learned Arbitrator is not having jurisdiction to modify or alter the award passed by the learned Arbitrator. ... That being the....
2024 Supreme(Online)(SC) 15004 • India - SUPREME COURT OF INDIA
MR. JUSTICE DIPANKAR DATTA, MR. JUSTICE K.V. VISWANATHAN, MR. JUSTICE SANDEEP MEHTA, JJ
modify an arbitral award under these sections, highlighting conflicting decisions across various courts. ... ... ... Issues: The main issues include whether the court can modify an arbitral award and the extent of such power. ... (A) Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - The court addresses the question of whether it has the power to ... Whether the powers of the Court under section 34 and 37 of the Arbitration and Conciliation Act, 1996, will include the powe....
2024 Supreme(JK) 532 • India - High Court of Jammu and Kashmir
(A) J&K Arbitration and Conciliation Act, 1997 - Section 34 - Modification of arbitral award - Court lacks jurisdiction to modify ... ... ... Issues: The primary issue was whether the court below could modify an arbitral award under Section 34 of the Act. ... ... ... Findings of Court: ... The court found that the lower court had no jurisdiction to modify the arbitral award and set aside ... It has been expounded that even if an error is found in the award, it wo....
2023 0 Supreme(Pat) 13 • India - Patna
RAJEEV RANJAN PRASAD
(Paras 34, 35, 36 and 37) Arbitration and Conciliation Act, 1996 – Section 34 – National Highways Act, 1956 – Section 3-G(5) – Setting aside arbitral award ... That being the fact situation and also the position of law being clear that it would not be open for the court in the proceedings under Section 34 or in the appeal under Section 37 to modify the award, the appropriate course to be adopted in such event is to set aside the award and remit the matter to ... Under Section 34 of the....
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