Topic

Equity in Arbitration

2 articlesLatest March 2026
Section 28(2) Arbitration Act | Arbitrators Cannot Override Express Contract Terms on Equitable Grounds : Bombay HC
Case Law Analysis
|Bombay High Court

Section 28(2) Arbitration Act | Arbitrators Cannot Override Express Contract Terms on Equitable Grounds : Bombay HC

Bombay High Court sets aside an arbitration award that denied redevelopment compensation based on equity, ruling that arbitrators under Section 28(2) of the Arbitration Act must adhere strictly to express contract terms. The court reinstated the petitioners' entitlement to corpus fund and monthly displacement compensation from March 2018, reinforcing the primacy of contractual clauses over equitable considerations in arbitration.