Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India
In the legal interpretation of the grounds for setting aside arbitral awards, the ambiguity in the recourse against an arbitral award is an issue of genuine concern and relevance. The various amendments and judicial precedents made under Section 34 in the Arbitration and Conciliation Act 1996 have p...
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| Format: | Article |
| Language: | deu |
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European University Institute of Law
2022-12-01
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| Series: | სამართალი და მსოფლიო |
| Subjects: | |
| Online Access: | https://lawandworld.ge/PDF/articlesPDF/Volume8_issue4_2022/Kanya_Saluja_Amit_Kumar_Kashyap.pdf |
| _version_ | 1797976162198093824 |
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| author | Amit Kumar Kashyap Kanya Saluja |
| author_facet | Amit Kumar Kashyap Kanya Saluja |
| author_sort | Amit Kumar Kashyap |
| collection | DOAJ |
| description | In the legal interpretation of the grounds for setting aside arbitral awards, the ambiguity in the recourse against an arbitral award is an issue of genuine concern and relevance. The various amendments and judicial precedents made under Section 34 in the Arbitration and Conciliation Act 1996 have provided a near end to the definition of Public Policy. However, it is still an area that requires various changes to make the practice of setting aside Arbitral awards an exception rather than a regular exercise. One of the reasons for annulling or refusing to implement an arbitral judgment is “patent illegality,” which has generated intense debate among practitioners both in India and abroad. This research article discusses the nuances in highlighting the flaws and loopholes contributing to the execution and non-execution of arbitral awards. This research article discusses the jurisprudence and various precedents in the context of Patent Illegality under the Public Policy of India and how the Supreme Court of India, in multiple instances, contradicted its judgements and provided a vagueness in interpreting the setting aside of Arbitral Award in different scenarios.
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| first_indexed | 2024-04-11T04:46:58Z |
| format | Article |
| id | doaj.art-b6743e4f03484d0c8e367352fcaebb5d |
| institution | Directory Open Access Journal |
| issn | 2346-7916 2587-5043 |
| language | deu |
| last_indexed | 2024-04-11T04:46:58Z |
| publishDate | 2022-12-01 |
| publisher | European University Institute of Law |
| record_format | Article |
| series | სამართალი და მსოფლიო |
| spelling | doaj.art-b6743e4f03484d0c8e367352fcaebb5d2022-12-27T10:25:00ZdeuEuropean University Institute of Lawსამართალი და მსოფლიო2346-79162587-50432022-12-0184815https://doi.org/10.36475/8.4.1Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in IndiaAmit Kumar Kashyap 0https://orcid.org/0000-0002-2716-8482Kanya Saluja 1Asst. Prof of Law, Institute of Law, Head Centre for Corporate Law Studies, Nirma University, Ahmedabad (India)IV Year B. Com LL. B (Hons.), Institute of law, Nirma University, Ahmedabad (India)In the legal interpretation of the grounds for setting aside arbitral awards, the ambiguity in the recourse against an arbitral award is an issue of genuine concern and relevance. The various amendments and judicial precedents made under Section 34 in the Arbitration and Conciliation Act 1996 have provided a near end to the definition of Public Policy. However, it is still an area that requires various changes to make the practice of setting aside Arbitral awards an exception rather than a regular exercise. One of the reasons for annulling or refusing to implement an arbitral judgment is “patent illegality,” which has generated intense debate among practitioners both in India and abroad. This research article discusses the nuances in highlighting the flaws and loopholes contributing to the execution and non-execution of arbitral awards. This research article discusses the jurisprudence and various precedents in the context of Patent Illegality under the Public Policy of India and how the Supreme Court of India, in multiple instances, contradicted its judgements and provided a vagueness in interpreting the setting aside of Arbitral Award in different scenarios. https://lawandworld.ge/PDF/articlesPDF/Volume8_issue4_2022/Kanya_Saluja_Amit_Kumar_Kashyap.pdfjudicial reviewpatent illegalityarbitration |
| spellingShingle | Amit Kumar Kashyap Kanya Saluja Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India სამართალი და მსოფლიო judicial review patent illegality arbitration |
| title | Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India |
| title_full | Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India |
| title_fullStr | Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India |
| title_full_unstemmed | Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India |
| title_short | Judicial Review of Arbitral Award: a Policy Review on Delimitation of Patent Illegality in India |
| title_sort | judicial review of arbitral award a policy review on delimitation of patent illegality in india |
| topic | judicial review patent illegality arbitration |
| url | https://lawandworld.ge/PDF/articlesPDF/Volume8_issue4_2022/Kanya_Saluja_Amit_Kumar_Kashyap.pdf |
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