Independent Assessment Of Merits Of Award Cannot Be Made In An Arbitration Appeal: SC [Read Judgment]

Ashok Kini

19 Feb 2019 3:02 PM IST

  • Independent Assessment Of Merits Of Award Cannot Be Made In An Arbitration Appeal: SC [Read Judgment]

    “The Court cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision”

    The Supreme Court has observed that, a court while considering an appeal under Section 37 of the Arbitration and Conciliation Act, cannot undertake an independent assessment of the merits of the award. The bench comprising Justice Mohan M. Shantanagoudar and Justice Vineet Saran observed that, in such appeals, the court must only ascertain that the exercise of power by the Court...

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