'Public policy exception' in international commercial arbitration: An Indian tale of a turbulent past and a promising future

Dar, Wasiq Abass (2021) 'Public policy exception' in international commercial arbitration: An Indian tale of a turbulent past and a promising future. In: Adjudicating global business in and with India: International commercial and investment disputes settlement. Routledge research in corporate law . Taylor and Francis Inc., Oxon, pp. 233-253. ISBN 9780367359003

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Abstract

This chapter provides a comprehensive evaluation of the approach of the Indian legislature and courts towards the interpretation and application of the public policy exception, particularly in the context of the enforcement of foreign arbitral awards. The assessment not only looks into the reasons behind the concerns raised regarding the interpretation and application of the public policy exception by Indian courts in the context of international commercial arbitration, but also highlights the steps taken to better the position on the issue at hand. The decisions of Indian courts dealing with matters of international commercial arbitration, where the issue of public policy exception was involved, continued to be marred with controversies owing to the inconsistency in approach towards interpretation of public policy.

Item Type: Book Section
Keywords: Indian legislature | International commercial arbitration
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 26 Jan 2022 15:25
Last Modified: 19 May 2023 16:16
Official URL: https://www.taylorfrancis.com/chapters/edit/10.432...
URI: https://pure.jgu.edu.in/id/eprint/872

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