Limits of Remittal: Supreme Court Rules Arbitral Tribunals Cannot Hear Section 37 Appeals as Section 17 Applications

sketch of the Supreme Court of India
Case
UNION OF INDIA v. HARIOM PROJECTS PVT. LTD. (Supreme Court of India, 18-09-2026)
Law
Arbitration and Conciliation Act.

Highlights of the Judgment:

  • Detailed examination of the statutory scope and exclusivity of appellate jurisdiction under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996.
  • Delimitation of powers between a judicial court under Sections 9 and 37 and an arbitral tribunal under Section 17.
  • Ruling on the legal impermissibility of remitting appellate proceedings to an arbitral tribunal to be adjudicated as interim applications.
  • Precedent on the inability of parties' consent to confer appellate or supervisory jurisdiction upon an arbitral tribunal.