If, after considering the material on record, Arbitral Tribunal takes a particular view on the interpretation of the contract, the Court under Section 34 of Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the Arbitrator – National Highways Authority of India (NHAI) Vs. Hindustan Construction Company Ltd. – Supreme Court
Hon’ble Supreme Court held that The law regarding the scope of interference in a petition under Section 34 of the Arbitration and Conciliation Act, 1996 was laid down in the case of MMTC Ltd. v. Vedanta Ltd.(2019) ibclaw.in 146 SC. In the case of UHL Power Company Ltd. v. State of Himachal Pradesh (2022) ibclaw.in 78 SC, it has been held that the jurisdiction of the Court under Section 34 is relatively narrow and the jurisdiction of the Appellate Court under Section 37 of the Arbitration Act is all the more circumscribed. In the light of the limited scope for interference under Section 37 appeal, we will have to deal with the submissions. If, after considering the material on record, the Arbitral Tribunal takes a particular view on the interpretation of the contract, the Court under Section 34 does not sit in appeal over the findings of the arbitrator.