In Section 37 of Arbitration and Conciliation Act, 1996, the Court cannot re-appreciate evidence or enter into the merits of an arbitral award but can only adjudicate upon the order impugned in the proceedings to determine whether the Section 34 Court has exceeded its jurisdiction under Section 34 or not – National Highways Authority of India Vs. GVK Jaipur Expressway Pvt. Ltd. – Delhi High Court
Hon’ble High Court held that in the context of an order challenging an order passed under Section 34 of the Arbitration Act, a Court in exercise of its appellate powers under Section 37 of the Arbitration Act is limited to what has been conferred by Section 34 of the Arbitration Act. The Court cannot re-appreciate evidence or enter into the merits of an arbitral award but can only adjudicate upon the order impugned in the proceedings to determine whether the Section 34 Court has exceeded its jurisdiction under Section 34 of the Arbitration Act or not.