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How final is final? A recent decision by India’s Supreme Court has set out the special conditions in which an arbitral award can be reviewed because of a miscarriage of justice

By aarnalaw Posted on June 14, 2024 Posted in Blogs, News No Comments Tagged with Appeal, Arbitral award, arbitral tribunal, Arbitration & Conciliation Act, arbitrator, Delhi High Court, DMRC, Justice, Petition, Supreme Court

Explore the implications of India’s Supreme Court overturning a significant arbitral award in Delhi Metro Rail Corporation Ltd. v Delhi Airport Metro Express Pvt. Ltd. Discover the limits of judicial review in arbitration and its impact on contract interpretation.

Arbitrability of fraud

By aarnalaw Posted on May 31, 2023 Posted in Blogs No Comments Tagged with A. Ayyasamy v. A. Paramasivan, arbitrability, arbitration, Arbitration Act, Booz Allen Hamilton v. SBI Home Finance, Indian Arbitration & Conciliation Act, Radhakrishnan v. Maestro Engineers, Rashid Raza v. Sadaf Khan, Supreme Court, Vidya Drolia v. Durga Trading Corporation

Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved.

It therefore becomes essential to understand the state of play when it comes to understanding which disputes are arbitrable under Indian law including for the purposes of this article when there are allegations of fraud.

Tag: Supreme Court

How final is final? A recent decision by India’s Supreme Court has set out the special conditions in which an arbitral award can be reviewed because of a miscarriage of justice

Arbitrability of fraud