Copy Of AKP Dispute Resolution Digest October 27, 2025

1. Arbitration and Conciliation

1.1. Power and Energy

1.1.1. Supreme Court rules arbitral tribunal cannot rewrite contract terms

The Supreme Court held that a tribunal cannot rewrite a contract and treat the parties unfairly, and upheld the decision of the Orissa High Court to set aside an arbitral award of INR 995 Crore (Indian Rupees Nine Hundred Ninety-Five Crore only).[AKP1] SEPCO Electric Power Corporation ("SEPCO") and GMR Kamalanga Energy Ltd ("GMRKEL"), the project owner, were at odds. On appeal, a Division Bench of the High Court overturned the award that a High Court Single Judge had upheld under Section 34 of the Arbitration and Conciliation Act, 1996 ("1996 Act"). The High Court had found that the tribunal had ignored a 'No Oral Modification' clause in the contract by creating its own theory that the requirement for contractual notices had been waived by conduct. This central issue led to the appeal before the Supreme Court. The Supreme Court