On Arbitration : An Interesting View of High Court
An interesting Judgment has been passed by Hon'ble Delhi High Court on 20 February 2015.
In the context of Arbitration and Conciliation Act, 1996, it has been held at page 10 of MTNL v Fujitshu India Pvt Ltd [2015] GCtR 2421 (Delhi) thus : -
"The extent of judicial scrutiny under section 34 of the Act is limited and scope of interference is narrow. Under section 37, the extent of judicial scrutiny and scope of interference is further narrower. An appeal under section 37 is like a second appeal, the first appeal being to the court by way of objections under section 34. Where there are concurrent findings of facts and law, first by the Arbitral Tribunal which are then confirmed by the court while dealing with objections under section 34, in an appeal under section 37, the Appellate Court would be very cautious and reluctant to interfere in the findings returned in the award by the Arbitral Tribunal and confirmed by the court under section 34."
Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost from the official website at the link : -
https://delhihighcourt.nic.in/judgment
Written by
Vishal
Delhi
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