Can Arbitral Awards Be Modified In Setting-Aside Proceedings? – A Brief On Supreme Court's Re-Interpretation Of Section 34 Of Arbitration Act

Section 34 of the Arbitration and Conciliation Act, 1996 ('Act'), governs the setting-aside of awards arising from arbitrations seated in India. This provision does not provide any powers for the setting-aside court to vary or modify portions of the award. This was the legal position in vogue under Indian law, until the Hon'ble Supreme Court's reinterpretation of Section 34, by its judgment dated 30th April 2025 in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited ('Balasamy'). By their...

Patent Pooling And Diffusion Of Green Technology: A Critical Analysis

Patent pool is a consortium of two or more patent-holders to promote a particular technology and share the market monopoly.Patent pool is an association of two or more companies to cross-license their patents in respect to a particular technology. In other words, this is an agreement between companies to license or permit one another or any third party to use the patents owned by them."The aggregation of intellectual property rights which are the subject of cross-licensing, whether they are...

Power Of Court To Modify An Arbitral Award – A Legal Quagmire

The issue whether courts can modify arbitral awards in exercise of their powers under Sec. 34 and Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter 'ACA') has been a long standing issue of debate within the legal fraternity with the presence of conflicting judgments. To put quietus to this issue, a three-judge bench of the Supreme Court consisting of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and KV Vishwanathan has referred this matter to a five-judge...