Public Policy and Arbitration in India

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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
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