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The Section 34 Paradox: Judicial Correction, Arbitral Finality And The Limits Of Modification After Gayatri Balasamy

2 hours ago
1 min read



Himanshu Singh, GD Goenka University


ABSTRACT


Section 34 of the Arbitration and Conciliation Act 1996 allows a court only to set aside an award, yet in Gayatri Balasamy v ISG Novasoft Technologies Ltd a Constitution Bench held by majority that courts have a limited power to modify. This paper asks whether that power resolves or reproduces a paradox: a rule adopted for speed and finality may generate boundary litigation that erodes both. Using doctrinal and comparative methods, it examines the statutory scheme, the reasoning in NHAI v Hakeem and Balasamy, the law of the United Kingdom, United States, Singapore and Australia, and the recommendations of the 246th Law Commission Report and the 2024 Expert Committee. It finds that comparable systems confer variation by express text within narrow limits, whereas India’s power rests on judicial inference. It concludes that modification, if recognised, should be strictly limited so that judicial review does not become appellate review, and that the limits should be fixed by an amendment to section 34.


Keywords: arbitral award; section 34; judicial modification; finality; minimum judicial intervention; Gayatri Balasamy.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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