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: perverse
Supreme Court of India: An Award Ignoring the Terms of the Underlying Contract Is Against the Public Policy of India
Consider a scenario wherein B entered into two separate agreements with A – first for a dealership (‘dealership agreement’) whereby B provided dealership of its products to A and second, a lease agreement (‘lease agreement’) wherein A leased out a property to B for selling its products . Both agreements, though signed between same parties,…
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…
Ananya Pratap Singh 