The News NowThe News NowThe News Now
Font ResizerAa
  • Home
  • Today’s Print Edition
    Today's Print EditionShow More
    Omargovt’s cabinet rejig on Tuesday; Satish among 2 ministers likely to exit
    October 26, 2026
    PM highlights e-Sanjeevani’s role in helping pregnant woman in Zanskar
    October 26, 2026
    LG declares Ladakh India’s 1st100 per cent organic UT
    October 26, 2026
    Shutdowns, stone-pelting a thing of the past: LG Sinha
    October 26, 2026
    J&K opens two month window for pending industrial tax claims
    October 26, 2026
  • Top Stories
    Top StoriesShow More
    Dr Sajjan Singh Yadav Appointed New Chief Secretary of Jammu & Kashmir
    October 24, 2026
    Brief Spell Of Light Rain Likely In J&K For Next 2 Days, Dry Weather From Oct 25: MeT
    October 23, 2026
    J&K Govt Raises Monthly Stipend for MBBS/BDS Interns to ₹25,000
    October 21, 2026
    JKBOSE Bars Supervisory Staff from Carrying Mobile Phones During Exams
    October 21, 2026
    BJP appoints MLA Shagun Parihar as National Vice President of BJYM
    October 21, 2026
  • J&K
    J&KShow More
    Omargovt’s cabinet rejig on Tuesday; Satish among 2 ministers likely to exit
    October 26, 2026
    PM highlights e-Sanjeevani’s role in helping pregnant woman in Zanskar
    October 26, 2026
    LG declares Ladakh India’s 1st100 per cent organic UT
    October 26, 2026
    Shutdowns, stone-pelting a thing of the past: LG Sinha
    October 26, 2026
    J&K opens two month window for pending industrial tax claims
    October 26, 2026
  • Politics
    PoliticsShow More
    Union Education Minister Dharmendra Pradhan resign
    July 25, 2026
    “Free electricity was the promise, rising bills are the reality,” says Mehraj Malik, slamming NC.
    June 19, 2026
    Farooq Abdullah accuses PDP of weakening J&K’s special status, dismisses alliance split rumours
    May 22, 2026
    Trump announces a conditional two-week ceasefire with Iran
    April 8, 2026
    Winter Session of Lok Sabha ends; key Bills passed, debates see politically-charged attacks
    December 19, 2025
  • National
    NationalShow More
    ‘No room to stand still’: IAF Chief on post Ops Sindoor modernisation
    October 26, 2026
    India will hammer drug cartels’: Shah hails Op Trident that unearthed Rs 100-crore hawala trail
    October 26, 2026
    Kharge’s ‘Modi ka baap bhi jayega’ remark creates furore; BJP says language associated with ‘thugs’
    October 26, 2026
    J&K among 12 states, UTs in MHA’s 60,000-strong civil defence network
    October 24, 2026
    Money laundering case: Delhi Court orders trial of Yasin Malik, Engineer Rashid, 5 others
    October 24, 2026
  • World
    WorldShow More
    India, US trade deal to be much different: Trump
    October 22, 2026
    India asks its nationals in Saudi Arabia to take ‘due precautions’ in fresh advisory
    October 19, 2026
    At least 11 Indians among over 300 hurt in attack at Saudi airport that killed 12
    October 11, 2026
    India advisesnat’ls in Saudi Arabia to stay alert amid rising tensions
    October 8, 2026
    Pakistan’s ‘so-called’ civilian governments serve at mercy of their Army: India at UN
    October 3, 2026
  • Edit & Opinion
    Edit & OpinionShow More
    Trump–Xi Summit: Limited Outcomes, Significant Implications for India
    October 5, 2026
    Dial-A-Soldier: Pakistan Discovers the Gig Economy of War
    October 1, 2026
    Nathu La 1967: The Battle That Restored India’s Confidence Against China
    September 30, 2026
    Pakistan’s Militancy Strategy Faces Regional and Domestic Blowback, Assessment Says
    September 30, 2026
    Pakistan’s Afghan Strikes Raise Questions Over Border Escalation and Domestic Political Pressure
    September 30, 2026
  • Ideas & Interaction
    Ideas & InteractionShow More
    When Kashmir’s Changing Reality Challenges Pakistan’s Old Narrative
    August 20, 2026
    Kucha: India’s Buddhist Imprint on the Silk Route
    June 20, 2026
    Agni Desa and India’s Old Road to Central Asia
    June 13, 2026
    Truecaller Launches Family Protection in India, Bringing Shared Safety Against Scams to Households
    March 13, 2026
    Vivo launches the Y51 Pro 5G: All-Day Battery, Powerful Performance, and Intelligent AI Features
    March 12, 2026
Reading: SC refers key legal issue on modification of arbitral awards to 5-judge bench
Share
Font ResizerAa
The News NowThe News Now
  • Home
  • Today’s Print Edition
  • Top Stories
  • J&K
  • Politics
  • National
  • World
  • Edit & Opinion
  • Ideas & Interaction
Search
  • Home
  • Today’s Print Edition
  • Top Stories
  • J&K
  • Politics
  • National
  • World
  • Edit & Opinion
  • Ideas & Interaction
Follow US
National

SC refers key legal issue on modification of arbitral awards to 5-judge bench

The News Now
Last updated: January 24, 2025 6:23 pm
The News Now
Published: January 24, 2025
Share
canvas - 1
SHARE
NEW DELHI, Jan 24:  The Supreme Court has referred to a five-judge Constitution bench the key legal issue of whether courts can modify arbitral awards under the provisions of the Arbitration and Conciliation Act, 1996.
  In a significant move, a bench comprising Chief Justice Sanjiv Khanna and justices Sanjay Kumar and KV Viswanathan, on Thursday, emphasised the need for clarity on the contentious issue of whether courts can modify arbitral awards under Sections 34 and 37 of the 1996 law.
The matter arose from a case titled as Gayatri Balasamy v. ISG Novasoft Technologies Ltd. Section 34 of the Act provides for the setting aside of an arbitral award on limited grounds such as procedural irregularities, violation of public policy, or lack of jurisdiction.
The courts have traditionally interpreted this section narrowly, avoiding a review of the merits of the award to uphold arbitration’s principles of finality and efficiency.
Section 37 governs appeals against orders related to arbitration, including those refusing to set aside an award.
Like Section 34, it also aims to minimise judicial interference while addressing exceptional cases requiring oversight.
The legal ambiguity centred on whether these provisions allow courts the power to modify arbitral awards or if the courts’ role is strictly limited to upholding or setting them aside.
On Thursday, the CJI acknowledged the complexity of the issue and the broader implications for arbitration jurisprudence and referred the case to a five-judge Constitution bench after taking note of the submissions of senior advocate Saurabh Kirpal, assisted by law firm M/s Karanjawala & Co, on behalf of the respondents.
Kirpal submitted that it would be appropriate to refer the question to a five-judge bench to ensure that the issue is brought to a quietus since the reference was made by a three-judge bench itself earlier. Petitioner Gayatri Balasamy was represented by senior advocate Arvind Datar.
The detailed order is awaited.
  In February 2024, a three-judge bench comprising Justices Dipankar Datta, KV Viswanathan, and Sandeep Mehta had framed few questions and referred the case to the CJI for consideration.
  “Does the power to set aside an arbitral award under Section 34 include the authority to modify it,” one of the questions read.
If modification is permitted, what is its extent and under what circumstances, read the second question.
Arbitration is an alternate mode of dispute resolution under the 1996 law and it minimises the role of courts to interfere with the awards by the tribunals. (PTI)

You Might Also Like

Rahul Triggers Row With ‘Fighting Indian State’ Remark, BJP Says He Has Exposed Cong’s ‘Ugly Truth’
‘Narazfufa’ to ‘Jhooth ki Goonj’: PM Modi targets Oppn at freight corridor completion
India’s quantum leap testified by global success stories ‘Vaccine’, ‘Chandrayaan’: Dr Jitendra
ED raids nine locations in J&K, Punjab in narco-terror funding probe
You Can Remove Our Social Media Posts, But Not Us: CJP’s Dipke
Share This Article
Facebook Email Print
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

E-Paper

Reach Us

  • About Us
  • Our Team
  • Write For Us
  • Important Numbers
  • Advertise With Us
  • Contact Us

About US

The NEWS NOW is a daily English broadsheet newspaper published from Jammu City in Jammu and Kashmir, India. At a time when news media is taking flight from print to faster and more diversified digital platforms our team is working in an integrated and innovative way to excel in both.
Quick Link
  • About Us
  • Our Team
  • Write For Us
  • Important Numbers
  • Advertise with us
  • Contact Us
Top Categories
  • Today’s Print Edition
  • J&K
  • Top Stories
  • National
  • World
  • Edit & Opinion
  • Politics

Subscribe US

Subscribe to our newsletter to get our newest articles instantly!

Reach Us

  • About Us
  • Our Team
  • Write For Us
  • Important Numbers
  • Advertise With Us
  • Contact Us

About US

The NEWS NOW is a daily English broadsheet newspaper published from Jammu City in Jammu and Kashmir, India. At a time when news media is taking flight from print to faster and more diversified digital platforms our team is working in an integrated and innovative way to excel in both.
Quick Link
  • About Us
  • Our Team
  • Write For Us
  • Important Numbers
  • Advertise with us
  • Contact Us
Top Categories
  • Today’s Print Edition
  • J&K
  • Top Stories
  • National
  • World
  • Edit & Opinion
  • Politics

Subscribe US

Subscribe to our newsletter to get our newest articles instantly!

© 2026 The News Now. All Rights Reserved. | Powered by Ideogram Technology Solutions [P] Ltd.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?