Please use this identifier to cite or link to this item: https://gnanaganga.inflibnet.ac.in:8443/jspui/handle/123456789/5483
Title: Public Policy a Hurdle Under the Indian Arbitration Law: Critical Analysis
Authors: Ranaware, Vishal
Shelar, Amol
Keywords: Public Policy
International Commercial Arbitration
The Arbitration and Conciliation Act 1996
Party Autonomy
Arbitral Award
Renusagar
Issue Date: 2018
Publisher: International Journal of Law and Social Sciences
Alliance School of Law, Alliance University
Citation: Vol. 4, No. 1; 9p.
Abstract: The traditional role of public policy was to limit the scope of foreign law, recognition, and enforcement of foreign judgments or awards. Sometimes domestic courts use this doctrine to strike down the foreign arbitral awards. Though the disputing parties are free to choose applicable laws in international commercial arbitration, when it comes to the recognition and enforcement of an award they rely on the domestic laws and courts. If the court thinks that an award before them deals with a matter violates public policy, the court may refuse to recognise and enforce it. There is no uniformity in public policy notion among the states, it has been interpreted in different ways in different jurisdictions so it becomes very difficult to say which award will be allowed and which will violate the principle. Therefore, it becomes a big hurdle in the way of international commercial arbitration. To deal with this issue Indian judiciary took a step to define it and limit the scope doctrine of public policy. Finally, in 2015 Indian Parliament amended the Arbitration and Conciliation Act, 1996, and clarified the term ‘public policy’.
URI: https://doi.org/10.60143/ijls.v4.i1.2018.58
http://gnanaganga.inflibnet.ac.in:8080/jspui/handle/123456789/5483
ISSN: 2454-8553
2583-8644
Appears in Collections:IJLS - Vol 4, Issue 1 2018

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