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(2025) Law Today Live Doc. Id. 19873 = 2025 INSC 113 = (2025) 6 SCC 757
Decided on: 27.01.2025
Arbitration and Conciliation Act, 1996 (26 of 1996), Section 34, 37 – Arbitration award – Interference in – When it comes to scope of an appeal under Section 37 of the 1996 Act, jurisdiction of the appellate court in examining an order passed under Section 34, either setting aside or refusing to set aside an arbitral award, is all the more circumscribed -- A great deal of restraint is required to be shown while examining the validity of an arbitral award when such an award has been upheld, wholly or substantially, under Section 34 of the 1996 Act – Frequent interference with arbitral awards would defeat the very purpose of the 1996 Act -- High Court was not at all justified in setting aside the arbitral award exercising extremely limited jurisdiction u/s 37 of the 1996 Act by merely using expressions like ‘opposed to the public policy of India’, ‘patent illegality’ and ‘shocking the conscience of the court’ – Judgment and order passed by High Court set aside and the arbitral award restored.
(Para 39-43)