Judicial Modification Of Arbitral Awards In India: A Case Note On Gayatri Balasamy V. M/S ISG Novasoft Technologies Ltd.
- IJLLR Journal
- 2 days ago
- 1 min read
Nainisha Garude, Law Student, University of Mumbai
ABSTRACT
This case note discusses the decision of the Constitution Bench in the case of Gayatri Balasamy v. ISG Novasoft Technologies Ltd. and highlights the deviation from the narrow perspective taken by the Court in NHAI v. M. Hakeem. The case note discusses the majority’s acceptance of the limited power to amend arbitral awards according to Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996. It further compares the majority view with the textual perspective adopted by the dissenting opinion. The note argues that while the judgment addresses practical concerns of procedural efficiency, it also raises questions regarding statutory interpretation and judicial intervention. The paper further examines the implications of the decision for the future development of arbitration law in India.
Keywords: Arbitration and Conciliation Act, 1996; Section 34; Arbitral Awards; Judicial Modification; Judicial Intervention; Arbitral Autonomy; Gayatri Balasamy; NHAI v. M. Hakeem.
