Doctrine of severability.
Arbitration
Where the claims in an award are distinct and severable then the Court is empowered to partially set aside individual or several such claims, and that this partial setting aside would not amount to modification of the arbitral award.
Union of India v. Alcon Builders & Engineer (P) Ltd., MANU/DE/0192/2023 held where the claims in an award are distinct and severable then the Court is empowered to partially set aside individual or several such claims, and that this partial setting aside would not amount to modification of the arbitral award.
There is an absolute duty on the court under section 34(2)(a)(iv), and matter falling within that category, to apply the doctrine of severability to separate and partially set aside matters not referred to arbitration and decision thereupon by the arbitral tribunal from those that have been referred to arbitration.
Relied in
National Highways Authority of India vs. Trichy Thanjavur Expressway Ltd. (21.08.2023 – DELHC) : MANU/DE/5469/2023