Supreme Court of India: Challenge To The Domestic Arbitral Award On The Grounds Of Contravention Of Fundamental Policy Of Indian Law, Conflict With Most Basic Notions Of Justice & Patent Illegality As Added By The Arbitration Amendment Act, 2015 Can Only Be Made Prospectively

In Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) 2019 SCC OnLine SC 677, the Supreme Court elucidated and interpreted the grounds for setting aside an award when the party was unable to present its case under Section 34(2)(a)(iii) of the Arbitration & Conciliation Act, 1996 (‘Act’), when arbitral award…

Supreme Court of India: From when does the limitation period for challenging the award triggers if an application for correction of an award is filed under Section 33 of the Indian Arbitration Act?

Section 33 of the Indian Arbitration Act (the Act) provides a time limit of 1 month from the receipt of the arbitral award for filing an application for correction and interpretation of an award before the arbitral tribunal. Further, as per Section 34(3) of the Act, in case, a party has filed an application under…

Comparative Analysis of Challenging an Award on the ground of breach of Natural Justice in England and Wales, Singapore and India

England and Wales Arbitrator’s duty to act fairly is recognized in the English Arbitration Act, 1996 (the English Act). In this regard, reference can be made to Section 33 of the English Act which defines the applicable due process standards in arbitrations. Section 33(1)(a) mandates the arbitral tribunals to “act fairly and impartially” “giving each…