This post explores these unresolved issues through three lenses, first, by analyzing the aftermath of Gayatri Balaswamy across various High Courts; second, by examining how jurisdictions such as the UK and Singapore have addressed the when and how of exercising the power of modification; and finally, by proposing a set of solutions aimed at providing clarity to Indian arbitration jurisprudence.

From a critical standpoint, Gayatri Balasamy is a double-edged development for arbitration law.

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.

[ Ujan is a student at National Law University Odisha. ] On 30 April 2025, a 5-judge bench of the Supreme Court of India ( SC ) held that...