Asian Journal of Multidimensional Research (AJMR)

  • Year: 2019
  • Volume: 8
  • Issue: 5

‘Public policy’ in commercial arbitration and role of the court

Associate Professor of Law, Gujarat National Law University, Gandhinagar, India Email id: vgandhi@gnlu.ac.in

Online published on 13 June, 2019.

Abstract

Under the Arbitration and Conciliation Act, 1996 a court may set aside the arbitration award by interpreting the Article 34 (2) (b) (ii) 1, i.e. Public Policy. India, being a party to the UNCITRAL and the New York Convention, accepts thefundamental principle of arbitration. It says a minimum judicial intervention, and this minimization is accomplished through non-substantive review of arbitral awards by national courts in the subject matter of Arbitration. However, for quite some time, the actions of national courts erupted. This article would focused on contemporary judicial pronouncements in terms of defining the word ‘public policy’ and would examine with the UNCITRAL.

Keywords

Public policy, Minimum intervention of the Court, Set-aside, Arbitral award, UNCITRAL, Court,