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The 1st edition of the National Policy Drafting Competition named Shastrarth is being organized by Public Policy and Governance Committee and Law
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
The Air and Space Law Committee, School of Law, CHRIST (Deemed to be University), Bengaluru, is organising the 1st National Essay Writing
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”
A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.
India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.
by Vinayak Kulkarni† and Ashok Bannidinni††
The scope of a challenge under Section 34 Arbitration and Conciliation Act, 1996 and Section 37 of the Arbitration Act, 1996 is limited to the grounds stipulated in Section 34 Arbitration Act.
ABOUT BENNETT UNIVERSITY Bennett University has been established by the ‘Times Group’, India’s largest media conglomerate through Act No. 24
Gujarat National Law University is organizing the 2nd Edition of GNLU International Conference on Business, Law and Public Policy (GICBLP)
“If a man has been wronged, so long as the wrong lies within the human machinery of administration of justice, that wrong must be remedied.”
Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the
Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for
by Hiroo Advani†, Kanika Arora†† and Srishti Ramchandani, Vidyotma Malik†††
Cite as: 2022 SCC OnLine Blog Exp 26