Case Analysis: Gayatri Balasamy V. ISG Novasoft Technologies Limited (2025)
- IJLLR Journal
- Jun 6
- 1 min read
Nandini Panwar, BA. LL.B., Thakur Ramnarayan College of Law, Mumbai
ABSTRACT
This paper is an attempt to understand and analyse the Supreme Court's Constitution Bench decision in Gayatri Balasamy v. ISG Novasoft Technologies Limited, which has finally put to rest one of the most persistently contested questions in Indian arbitration law: can a court actually modify an arbitral award, or is it limited to simply setting it aside or leaving it alone? The Bench, by a 4:1 majority, held that courts can modify, but only within carefully drawn limits. The dissent by Justice Viswanathan is equally compelling and raises concerns that go beyond mere procedural disagreement. I have tried to present both sides objectively. The factual backdrop—a senior woman executive who faced workplace sexual harassment and then had to fight through multiple rounds of arbitration and court proceedings just to see some measure of compensation—also deserves attention, and this analysis ensures it is not reduced to a mere footnote in what is otherwise a technically dense judgment.
Keywords: Arbitration, Section 34, Modification of Award, Severability, UNCITRAL Model Law, Sexual Harassment, Article 142.
