If a Court while deciding a petition under Section 34 of the Arbitration Act has not exceeded the scope of its jurisdiction, then a Court hearing an appeal under Section 37 will not upset the concurrent findings as given by the Arbitrator and the Court u/s 34 – Kamal Kumar Vs. Municipal Corporation of Delhi – Delhi High Court
The Division Bench of the Hon’ble High Court of Delhi held that the challenge to the impugned Judgment in the present case being in the nature of appeal under Section 37 of the Arbitration Act, the scope of interference by this Court is statutorily very limited. It is no longer res integra that the Court cannot undertake an independent assessment of the merits of the Award. If a Court while deciding a petition under Section 34 of the Arbitration Act has not exceeded the scope of its jurisdiction, then a Court hearing an appeal under Section 37 of the Arbitration Act, will not upset the concurrent findings as given by the learned Arbitrator and the Court under Section 34 of the Arbitration Act. Further, it is settled law that the construction of the terms of a contract is primarily for an arbitrator to decide.
