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ELP Litigation Weekly Update MMTC Ltd. V/s M/s Vedanta Ltd.

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This week, we take a look at the Supreme Court’s recent judgment in MMTC Ltd. V/s M/s Vedanta Ltd. where the Appellant challenged the order passed by the Division Bench of the Bombay High Court under Section 37 of the Arbitration & Conciliation Act, 1996 (“the Act”). The Division Bench of the Bombay High Court confirmed the order passed by the Learned Single Judge under Section 34 of the Act and declined  to interfere with a majority Arbitral Award passed against the Appellant.

The Supreme Court was called upon to determine the arbitrability of the disputes between the Appellant and Respondent under the agreement entered into between the parties. The Supreme Court, revisited the existing position of law with respect to the scope of interference with an arbitral award in India under Section 34 and 37 of the Act in light of the Arbitration and Conciliation (Amendment) Act, 2015 and concluded that Courts cannot undertake an independent assessment of the merits of the award in exercise of its powers thereunder. The Supreme Court accordingly declined to interfere with the majority Arbitral Award and dismissed the Civil Appeal filed by the Appellant.

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