Modification Of Arbitral Awards In India – The Dust Finally Settles?

This piece has been published by Chambers and Partners at India's Arbitral Award Modification | Chambers Expert Focus, where our partners explore the recent decision by a five-judge bench of the Supreme Court on modification of arbitral awards and discuss the extent to which Indian courts can modify awards.

The power of courts in a challenge to an award

Arbitration is rooted in principles of party autonomy and limited interference by courts. Yet, legislators and judges across jurisdictions struggle with the issue of judicial interference in arbitral awards. The Indian Arbitration and Conciliation Act, 1996 (the "Act") borrows heavily from the UNCITRAL Model Law and does not contain any provision enabling a court to modify an award, unlike other jurisdictions such as Singapore and the United Kingdom where statute permits variation.