• The Project Director, NHAI V. M. Hakeem & ANR. : A Critical Analysis

    Editor(s):
    Nyaay Shastra (see profile)
    Date:
    2022
    Item Type:
    Legal Comment
    Permanent URL:
    https://doi.org/10.17613/dmky-4f15
    Abstract:
    Section 34 of the Arbitration and Conciliation Act, 1996[1] (“Arbitration Act”) gives recourse to anyone aggrieved by an arbitral award by providing them with an opportunity to file an application seeking to set aside such arbitral award. Whether this power includes the power to modify the arbitral award is a point on which there have been divergent judicial opinions by the Indian High Courts, and the legal position has primarily been unclear in the Indian arbitration regime. The Apex Court, through its decision in The Project Director, NHAI v. M. Hakeem & Anr[2], has cleared the air around this decades-old debate and has held that inclusion of the power to modify an arbitral award in section 34 would be crossing the “Lakshaman Rekha” reaffirming the position that the statute envisions minimal court intervention in arbitral awards.
    Metadata:
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    Published as:
    Journal article     Show details
    Publisher:
    Nyaayshastra
    Pub. Date:
    11-06-2022
    Journal:
    NYAAYSHASTRA LAW REVIEW
    Volume:
    3
    Issue:
    1
    ISSN:
    2582-8479
    Status:
    Published
    Last Updated:
    1 year ago
    License:
    All Rights Reserved

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