Public Policy Exception for Setting Aside of Arbitral Awards – Indian Position
Lead author · Corresponding
Rithika Reddy Shyamala
Student at O.P. Jindal Global Law School, India
Abstract
Public policy is an exception, in India, for setting aside of Arbitral Awards, both foreign and domestic. But the definition of this term is nowhere mentioned in the Arbitration and Conciliation Act, 1996 and hence its interpretation and application has largely been in the hands of the judiciary. This paper will explore and analyze various landmark judgements delivered in this realm to draw an understanding of how the scope and extent of application of the public policy exception and how it has evolved over time.
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