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Convenience Over Code: SC’s Misstep in Modifying Arbitral Awards in Gayatri Balasamy
The Supreme Court of India’s recognition of a power to modify arbitral awards under Section 34 marks a significant and controversial departure from the text, structure, and legislative intent of the Act.
Ayush Mathur, Akash Kumar Surya
Jul 208 min read
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Modification of Legislative Intent? Unpacking the Court's Power to Modify Award
[ Ujan is a student at National Law University Odisha. ] On 30Â April 2025, a 5-judge bench of the Supreme Court of India ( SC ) held that...
Ujan Sarkar
Jul 186 min read
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Judicial Arrogation of the Power to Modify Arbitral Awards: An Incorrect Way Forward
While the power of modification may not necessarily be antagonizing to the Indian arbitration regime, the source of such power shall be through legislative means rather than judicial craftiness.
Suyash Pandey
Jun 227 min read
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Enforceability of Foreign Arbitral Awards through Section 7 of IBC
The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.
Chaitanya Gupta
Nov 1, 20235 min read
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Remittal of Arbitral Award: An Analysis of Section 34(4) of the Arbitration Act
[Tanya Varshney is a fourth-year student at Jindal Global Law School.] In Kinnari Mullick v. Ghanshyam Das Damani, the Supreme Court of...
Tanya Varshney
Sep 29, 20184 min read
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SC Clears the Air on Commencement of Limitation Period for Setting Aside Arbitral Award
[Rishi Sehgal is a fourth-year student at RMLNLU Lucknow.] On August 8, 2018, the Supreme Court of India, in Ved Prakash Mithal v. Union...
Rishi Sehgal
Sep 25, 20185 min read
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