Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition The subject issue has been recently decided by the Hon’ble Supreme Court of India in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Private Limited Curative Petition (C) Nos.108-109…
Tag: patent illegality
Delhi High Court: Whether the Court has Jurisdiction and Power to Modify/Alter an Arbitral Award under Section 34 of the Indian Arbitration Act ?
Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”) makes provision for the supervisory role of courts for review of arbitral award only to ensure fairness. Intervention of the court is envisaged in few circumstances only, like, when an award is in conflict with the public policy of India, which includes cases of fraud,…
Supreme Court of India: Scope of Interference by Courts in Arbitral Awards Passed Under the Arbitration Act, 1940
In Atlanta Limited v. Union of India, the Atlanta Limited decided on 18 January 2022 by the Hon’ble Supreme Court of India, the Court has set aside and quashed the judgement of the Division Bench of the Madras High Court which had inter alia set aside a domestic arbitral award by examining the reasonableness of…
Supreme Court of India: Substance Over Form While Setting Aside A Patently Illegal Domestic Award Under the Plenary Jurisdiction Of The Supreme Court
Rightful Setting Aside of a Patently Illegal Award by the High Court Even If Based on Overruled Precedent Warrants No Interference by the Supreme Court Patent illegality is a head of public policy of India and consequently serves as a ground for setting aside domestic awards in India. It was first expounded in the judgment…
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…
Comparison of Arbitration Regime in India, Singapore and England and Wales – Part 3
Image Courtesy: iEduNote In continuation of Part 1 (Comparison of Arbitration Regime in India, Singapore and England and Wales – Part 1) and Part 2 (Comparison of Arbitration regime in India, Singapore and England and Wales – Part 2) of this series, I would be covering different issues related to an arbitral award in this part….