Royzz & Co
Supreme Court holds appellate court cannot modify arbitral award under section 34
In Project Director, National Highways v M. Hakeem, the Supreme Court has held that section 34 of the Arbitration and Conciliation Act does not give the appellate court the power to modify the arbitral award. The Court found that powers to set aside an arbitral award are provided for and limited under sub-sections (2) and (3) of section 34. Any powers to modify or remit an award are provided for only under sections 15 and 16 respectively. A section 34 proceeding does not contain any challenge on the merits of the award.