High Court Of Delhi While Setting Aside An Arbitral Award Held That The Arbitrator Cannot Rewrite The Contract

The High Court of Delhi in cross petitions titled Technology Information Forecasting and Assessment Council (TIFAC) v. Strategic Engineering Pvt. Ltd. & Anr.¹ and Strategic Engineering Pvt. Ltd. & Anr. v. Technology Information Forecasting and Assessment Council (TIFAC)², through its judgement dated 20.12.2025, held that although the arbitrator has the power to interpret the terms and conditions of the contract executed between parties, the arbitrator being the creature of the contract, does not have the power to substitute, supplement, alter or modify the terms of the contract.

The High Court after perusing the facts of the case found that the arbitrator's interpretation of the Technology Development Assistance Agreement ("TDA") which was executed between the parties was not borne out of the terms of TDA.