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Supreme Court of India 2020-07-30 allowed

B.B.M ENTERPRISES vs THE STATE OF WEST BENGAL AND ANR

Bench: 3 — Rohinton Fali Nariman, Navin Sinha, Indira Banerjee

In Brief

B.B.M. Enterprises sought to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, arguing the arbitrator's findings were factually incorrect. The District Judge dismissed the petition, holding that factual disputes cannot be grounds for Section 34 challenge. The High Court remanded the case, believing the District Judge had not adequately reasoned its decision. The Supreme Court affirmed the District Judge's dismissal, holding that arbitral awards can only be challenged on limited statutory grounds, not on grounds of factual error or misappreciation of evidence. The Court also reduced the interest rate from 18% to 15% and granted three months to pay the balance amount.

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Arbitration Section 34 Challenge Arbitral Awards Judicial Review of Awards Limitations on Court Interference Civil Procedure

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