Monthly Newsletter - April 2025

ARBITRATION

Date: 30 April 2025

Case Name: Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited (with several connected civil appeals) arising out of S.L.P (C) Nos. 15336-15337 of 2021.

Forum: Supreme Court

The appeal arose from a reference made by a full bench of the Supreme Court vide order dated 20 February 2024, directing that the Special Leave Petitions in Gayatri Balasamy v. ISG Novasoft Technologies Limited, be placed before the Chief Justice of India for an appropriate order. The matter was to be examined to determine the need to refer the questions of law stated below, to a larger Bench in order to reconcile conflicting judicial pronouncements on whether Indian courts possess the power to modify arbitral awards under the Arbitration and Conciliation Act, 1996 ("Act"). The case did not involve detailed facts specific to the parties but served as a vehicle to resolve a fundamental legal issue in arbitration jurisprudence following divergent