Tuesday, January 11, 2022

"Arbitral award can be set aside if it is contrary to the interest of India" : SC

Arbitration and Conciliation Act is of the year 1996. 

In a recent case of Haryana Tourism Ltd v Kandhari Beverages Ltd [2022] GCtR 89 (SC), it has been said at page no. 6 that "in an appeal under Section 37 of the Arbitration Act, the High Court has entered into the merits of the claim, which is not permissible in exercise of powers under Section 37 of the Arbitration Act". At page no. 7, it is said that "as per settled position of law laid down by this Court in a catena of decisions, an award can be set aside only if the award is against the public policy of India".


Written by

Vishal

Guwahati, Assam 

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