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Showing posts with the label fundamental policy

Arbitration - Public Policy - Fundamental Policy

Supreme Court provides guidance on the term 'public policy' under Section 34 of the Act and clarifies the extent of judicial intervention in a India seated arbitration; Supreme Court discusses the term 'morality' in a challenge under Section 34 of the Act; Supreme Court also draws a distinction between 'error of law' and 'error of fact' and the extent of interference permissible to that effect; Supreme Court further held that when a court is applying the "public policy" test to an arbitration award, it does not act as a court of appeal and consequently errors of fact cannot be corrected unless the arbitrators approach is arbitrary or capricious. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10531 OF 2014 (ARISING OUT OF SLP (CIVIL) NO.14767 OF 2012) Associate Builders Versus Delhi Development Authority J U D G M E N T R.F.Nariman,J. 1. Leave granted. 2. The appellant herein was awarded a cert...