Fundamental policy of Indian law Archives – National Forum for Research in Arbitration Law

An award can be set aside if it shocks the conscience of the court. (Bombay High Court)

June 23, 2020 Update by Shruti Mishra

Jackie Kukubhai Shroff v. Ratnam Sudesh Iyer Court: Bombay High Court | Case Number: ARB.P. 167/2015 | Citation: Currently not available| Judge: SC Gupte J| Date: 19 May 2020 | Available at: https://www.livelaw.in/pdf_upload/pdf_upload-375326.pdf A. THE BACKGROUND Jackie and Ratnam were shareholders in Atlas. Atlas was a shareholder in MSM. Dispute arose concerning the sale

An award based on put-option in a contract does not violate the public policy of India (Bombay High Court)

June 6, 2020 Update by Editor

Banyan Tree Growth Capital LLC v. Axiom Cordages Limited and others, Commercial Arbitration Petition No. 476 of 2019 Bombay High Court| single-judge bench | GS Kulkarni J | 30 April 2020 Banyan, a Mauritius based fund, invested USD fifty million into Axiom Cordages Limited after negotiations with Axion’s promoters. The

Categories: Fundamental policy of Indian law | Public policy | Public Policy of India | Section 34

Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)

May 9, 2020 Update by Samarth Madan , Case Comment by Prashant Mishra

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A., 2020 SCC OnLine SC 381 Supreme Court of India; 3-judge bench, Arun Mishra, MR Shah, BR Gavai JJ; decided on 22 April 2020 On 22 April 2020A 3-judge bench of the Supreme Court of India ruled on the enforceability

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

April 24, 2020 Updates by Saurabh Tiwari

KM Suresh Babu v. Sundaram Finance Limited Madras High Court; single-judge bench, M Sundar J; 05 March 2020 A. THE BACKGROUND Sundaram Finance (SF) financed a truck to Suresh under a hire-purchase contract. Suresh defaulted on the repayment of instalments on 06 April 1999. SF seized the truck on 17

Categories: Fundamental policy of Indian law | Limitation | Patent Illegality | Public Policy of India | Section 34

Tags : Perversity

Award set aside by Delhi High Court in an appeal, overturning the finding of the arbitral tribunal and a single judge who had dismissed the set-aside application, on the ground that the reasoning of the tribunal was perverse and hence in conflict with the public policy of India (Delhi High Court)

April 2, 2020 Updates by Avantika Verma

MMTC Limited v. Anglo American Metallurgical Coal, FAO (OS) 532/2015 Delhi High Court; 2-judge bench, G.S. Sistani and Anup Jairam Bhambhani JJ.; decided on 02 March 2020 A bench of two judges of the Delhi High Court set aside, in this case, a domestic award in an appeal under Section