The Bombay High Court has reiterated that the doctrine of severability can apply to arbitral
awards, so long as the objectionable part can be segregated
The bench of Justice Manish Pitale if the award is partially set aside by applying the doctrine of
severability, the same would not amount to modification or correction of the errors of the arbitrator.
The bench of Justice Manish Pitale further held that the Arbitral Tribunal cannot decided an issue
in violation of the terms of the agreement between the parties, by applying the principles of equity.
This is so especially when the parties have not expressly authorized the arbitrator to decide the
matter ex aequo et bono or as amiable compositor under Section 28(2) of the Arbitration and
Conciliation Act, 1996 (A&C Act), the bench added.

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