March 2025

Expanding Court Powers Under Section 37: Appeals Against Arbitral Awards

Introduction The Arbitration and Conciliation Act, 1996, (Hereinafter referred as โ€˜the Actโ€™) was enacted to promote arbitration as a swift, efficient and cost-effective mechanism for dispute resolution. Sections 34 and 37 of the Act are pivotal in maintaining a balance between judicial intervention and arbitral autonomy. While Section 34 restricts the grounds for challenging an […]

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Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality

Arbitration in India operates within a framework shaped by both public policy and patent illegality, two distinct yet often overlapping grounds for challenging arbitral awards. While both concepts aim to uphold justice, they function differently, each offering unique grounds for judicial intervention. The tension between promoting arbitration finality and allowing judicial intervention has been a

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