The Arbitration and Conciliation Act, 1996 (for short ‘Arbitration Act’) u/s 5 mandates minimal judicial intervention in arbitral proceedings and awards. In India, the Courts have been hesitant to allow the parties to raise additional facts or grounds in an appeal filed u/s 37 if they have failed to do it in the original petition. However, only in certain exceptional circumstances, the parties can bring a new fact or raise an additional ground of appeal u/s 37 before the Court.
