Can a party raise fresh grounds of challenging an arbitral award in proceedings under Section 37 of the Arbitration Act?
In Azizur Rehman v. Radio Restaurant [2023 SCC OnLine Bom 2320; “Azizur Rehman”], a Division Bench of the Hon’ble Bombay High Court dismissed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), inter alia for the reason that the appellants raised fresh grounds of challenge that were not raised in prior proceedings under Section 34 of the Arbitration Act.
Source: legalbusinessonline.com