Topic

Finality of Awards

4 articlesLatest May 2026
Arbitration and Conciliation Act, Section 34 | Termination Payment Enforceable Under BOT Contract Even Without Explicit Claim : SC
Case Law Analysis
|Supreme Court of India

Arbitration and Conciliation Act, Section 34 | Termination Payment Enforceable Under BOT Contract Even Without Explicit Claim : SC

The Supreme Court upholds an arbitral award for termination payment under a BOT concession agreement, ruling that contractual obligations can be enforced based on implied intent and performance, even if not expressly pleaded. This reinforces party autonomy and narrows judicial review under Section 34, setting a critical precedent for infrastructure arbitrations across public-private partnerships.

Section 36 Arbitration and Conciliation Act | Executing Court Cannot Redefine Pre-Award Interest Period; Final Award Must Be Enforced As Written : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 36 Arbitration and Conciliation Act | Executing Court Cannot Redefine Pre-Award Interest Period; Final Award Must Be Enforced As Written : Calcutta HC

The Calcutta High Court has ruled that executing courts lack authority to alter the interest period or amount specified in a final arbitral award, even if the debtor claims a bona fide dispute. This upholds the sanctity of arbitral awards under Section 36 ACA and prevents collateral challenges during enforcement, directly impacting award holders seeking precise recovery and debtors attempting to renegotiate terms post-award.

Section 34 & 37 A&C Act | Arbitral Awards Immune to Evidentiary Reappraisal : Delhi HC Reaffirms Narrow Judicial Review Scope
Case Law Analysis
|Delhi High Court

Section 34 & 37 A&C Act | Arbitral Awards Immune to Evidentiary Reappraisal : Delhi HC Reaffirms Narrow Judicial Review Scope

Delhi High Court dismisses appeal under Section 37 of the Arbitration and Conciliation Act, holding that courts cannot re-examine evidence or contractual interpretations while reviewing arbitral awards. The ruling underscores that only patent illegality or jurisdictional errors justify setting aside awards, protecting finality in commercial disputes.