public policy in arbitration Archives

Delhi High Court: Unilateral arbitrator appointment invalid without express written waiver under Section 12(5) of Arbitration Act

“The waiver under Section 4 of the Arbitration and Conciliation Act, 1996 will be inapplicable to the unilateral appointments as it is governed by Section 12(5), which specifically provides for waiver by express agreement in writing.”

Cases Reported High Court Cases

Cases Reported in HCC | Arbitration Law Decoded: Leading Delhi HC Judgments Under the Arbitration Act, 1996

Explore latest Cases reported in SCC’s High Court Cases (HCC) on arbitration covering critical legal issues such as arbitrability, seat v. venue, limitations in filing, validity of arbitral awards under Section 34, appointment of arbitrators, and public policy considerations.

Setting aside award public trust doctrine

Experts Corner Vasanth Rajasekaran

Setting Aside of Arbitral Award on Public Policy Grounds: Evolving Jurisprudence Amidst the Conflict between Commercial and Sovereign Interests

by Vasanth Rajasekaran* and Harshvardhan Korada**