To Modify Or Not To Modify The Award – Supreme Court Answers The Question

The Hon'ble Supreme Court recently in the case of Project Director, National Highway Authority of India v. M. Hakeem & Anr¹ while dealing with an interesting issue as to whether the power of a court, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”), to “set aside” an award of an arbitrator would include the power to modify such an award, stated that, if one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha. The Hon'ble Supreme Court has held that there can be no doubt given the law laid down by this court that Section 34 of the Arbitration Act cannot be held to include within it a power to modify the award.