New Delhi (PTI): A five-judge Supreme Court bench on Thursday commenced hearing on a key legal issue of whether courts can modify arbitral awards under the provisions of a 1996 law on arbitration and conciliation.

A Constitution bench comprising Chief Justice Sanjiv Khanna and justices B R Gavai, Sanjay Kumar, KV Viswanathan and Augustine George Masih is presently hearing Solicitor General Tushar Mehta on behalf of the Centre.

Arbitration is an alternate mode of dispute resolution under the Arbitration and Conciliation Act, 1996 and it minimises the role of courts to interfere with the awards by the tribunals.

Section 34 of the Act provides for the setting aside of an arbitral award on limited grounds such as procedural irregularities, violation of public policy, or lack of jurisdiction.

Section 37 governs appeals against orders related to arbitration, including those refusing to set aside an award.

Like Section 34, it also aims to minimise judicial interference while addressing exceptional cases requiring oversight.

A three-judge bench headed by the CJI, on January 23, had referred the contentious issue to a larger bench.

“This court will first hear arguments of the counsel seeking reconsideration of the ratio expressed in the Project Director, NHAI vs M Hakeem, that is, the court has the power to modify an award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

“Thereafter, this court will hear the counsel who supports the view that the court does not have the power to modify an award under Sections 34 and 37 … While examining the aforesaid question, the court will also examine the contours and scope of the power of the court … and if the power of modification exists, to what extent the same can be exercised,” the bench ordered.

The bench emphasised the need for clarity on the contentious issue. The matter arose from a case titled as Gayatri Balasamy v. ISG Novasoft Technologies Ltd.

The courts have traditionally interpreted this section narrowly, avoiding a review of the merits of the award to uphold arbitration’s principles of finality and efficiency.

While referring to the case, the bench had acknowledged the complexity of the issue after taking note of the submissions of senior advocate Saurabh Kirpal, assisted by law firm M/s Karanjawala & Co, on behalf of the respondents.

In February 2024, a three-judge bench comprising Justices Dipankar Datta, KV Viswanathan, and Sandeep Mehta had framed a few questions and referred the case to the CJI for consideration.

“Does the power to set aside an arbitral award under Section 34 include the authority to modify it,” one of the questions read.

If modification is permitted, what is its extent and under what circumstances, read the second question.

 

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Karachi/New Delhi, Jul 26 (PTI): The men's Asia Cup will be held in the United Arab Emirates (UAE) from September 9 to 28, Asian Cricket Council chairman Mohsin Naqvi announced on Saturday.

As per the draft itinerary in possession of PTI, the marquee group match between India and Pakistan will be held at the Dubai International Stadium on Sunday (September 14).

The arch-rivals are clubbed in the same group and are expected to square off again in a Super Four game on next Sunday (September 21). India will start its campaign against UAE on September 10 and are likely to play all its matches in Dubai.

India, Pakistan, UAE and Oman are clubbed in group A, while Sri Lanka, Bangladesh, Afghanistan and Hong Kong are in group B. The ACC will allow 17-member squads for the 19-match tournament and matches will be played in Dubai and Abu Dhabi.

Earlier, Naqvi, who is also the chairman of Pakistan Cricket Board (PCB) took to 'X' to make a formal announcement.

"I am delighted to confirm the dates of the ACC Men's Asia Cup 2025 in UAE. The prestigious tournament will take place from September 9th to 28th. We look to a spectacular display of cricket. Details schedule will be out soon," Naqvi posted.

The venue of the event was decided at an ACC meeting on July 24. All 25 member nations attended the meeting.

BCCI is the host of the tournament but it is being held in the UAE as India and Pakistan have mutually agreed to compete only at neutral venues till 2027 due to the prevailing cross-border tension between them.

As per ACC's deal with the broadcasters, India and Pakistan will be clubbed in the same group and also get another shot at each other in the Super Four stage with a possibility of a third meeting if both teams reach the final.

This edition of the Asia Cup will be held in T20 format as is the convention with the next ICC global meet being T20 World Cup in India and Sri Lanka.

India's Asia Cup Group League itinerary

Sep 10: India vs UAE

Sep 14: India vs Pakistan

Sep 19: India vs Oman.

Super Four Schedule

Sep 20: B1 vs B2

Sep 21: A1 vs A2 (likely India vs Pakistan)

Sep 23: A2 svs B1

Sep 24: A1vs B2

Sep 25: A2 vs B2

Sep 26: A1 vs B1

Sep 28: Final.