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1. Arbitration Law
1.1. Mining and Transportation
1.1.1. Supreme Court rules High Courts cannot
re-appreciate evidence or demand strict proof in Section 34 appeal
of the Arbitration and Conciliation Act, 1996
The Supreme Court has held that a High Court, while exercising
jurisdiction under Section 37 of the Arbitration and Conciliation
Act, 1996 ("Arbitration Act"), cannot
impermissibly re-appreciate evidence or demand a stricter standard
of proof than what arbitration law requires. This ruling came in an
appeal by Ramesh Kumar Jain against Bharat Aluminium Company
Limited ("BALCO"), challenging the High
Court's decision to set aside an arbitral award of INR
3,71,80,584/- (Indian Rupees Three Crore Seventy-one Lakh Eighty
Thousand Five Hundred Eighty-four only). The Commercial Court had
previously upheld