Arbitration and the Supreme Court of India’s Curative Jurisdiction

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Abstract

As a matter of principle, the use of curative petition under Article 142 of the Constitution has to be only in exceptional cases. The relief given by the Supreme Court in several cases related to arbitration may encourage the aggrieved parties, even after the decision of the Supreme Court in an appeal of taking a chance by filing a curative petition and giving rise to the tendency of not accepting anything less than a decision in a curative petition. The Supreme Court has to find the right balance between exercising its discretion to do complete justice and party autonomy in arbitration.

Additional Information

Product Type Technical Note
Reference No. STR0488TEC
Title Arbitration and the Supreme Court of India’s Curative Jurisdiction
Pages 12
Published on Feb 4, 2025
Authors Agarwal, Anurag K;
Area Strategy (STR)
Discipline International Business, Public Policy and Law, Strategic Management
Sector Government, Public Sector, Trade
Learning Objective 1. Curative petition to be used in exceptional cases. 2. Arbitration matters get delayed because of layers of appeal process 3. Supreme Court should not get into the merits of the dispute.
Keywords Arbitration; Supreme Court of India; Curative Petition; Article 142 of the Constitution; Arbitral Award; Contracts
Country India
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