Analysis of Supreme Court Judgement in MMTC Ltd. vs. M/s Vedanta Ltd.

Court   cannot   undertake   an   independent   assessment   of   the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision.

As far as interference with an order made under Section 34, as per Section 37, is concerned, it cannot be disputed that such interference under Section 37 cannot travel beyond the restrictions laid down under Section 34. In other words, the Court cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision. Thus, it is evident that in case an arbitral award has been confirmed by the Court under Section 34 and by the Court in an appeal under Section 37, this Court must be extremely cautious and slow to disturb such concurrent findings.

Judgement link : https://www.sci.gov.in/supremecourt/2009/10208/10208_2009_Judgement_18-Feb-2019.pdf