Abstract
Often, arbitral awards are challenged in a court of law on the grounds of “public policy”. The Arbitration and Conciliation Act, 1996, amended over the years, deals with the issue of public policy in detail. Over the last three decades, the phrase “public policy” has gone through several changes, both legislatively and judicially. The legislature has made changes from time to time to incorporate the newer interpretations given by different courts, as well as the demands to plug the existing loopholes. This note traces the evolution of public policy in arbitration in India from 1996 to 2024.
Additional Information
| Product Type | Technical Note |
|---|---|
| Reference No. | JSW0005TEC |
| Title | Public Policy and Arbitration in India |
| Pages | 13 |
| Published on | Jul 2, 2025 |
| Year of Event | 1996-2024 |
| Authors | Agarwal, Anurag K.; |
| Area | JSW School of Public Policy (JSW) |
| Discipline | International Business, Public Policy and Law, Strategic Management |
| Sector | Banking Finance Insurance (BFI), Cooperatives, Government, Infrastructure, Mining, Public Sector, Trade, Transportation and Logistics |
| Learning Objective | 1. Changing interpretation of 'Public Policy' as a ground of challenge. 2. Uncertainty in enforcement of arbitral awards due to 'public policy'. 3. Right balance between intention of contracting parties and 'public policy'. |
| Keywords | Public Policy; Legislation; Arbitration; Law; Supreme Court; Arbitral Award |
| Country | India |
| State | Gujarat |
| City | Ahmedabad |
| Access | For All |
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