Riya Kharab, Bennett University
The paper examines the concept of public policy which has been frequently used by the parties to international arbitration to resist enforcement of arbitral award. In India through series of court decision development of internationally accepted concept of public policy has been hampered by of national court. The author in the paper has extensively discussed about how the concept and jurisprudence around public policy has developed over years and how it was viewed by the Indian Courts. The paper examines as to how the interpretation of word ‘ Public Policy’ has been done by Indian courts and how concept has been used as a mechanism to hinder the process of enforcement of foreign award which itself contradict the basis of Arbitration Act. The paper throws light on concept of public policy , interpretation by court and critical analysis of same.
Key Words: Public Policy, Arbitral Award, International Commercial Arbitration, Indian Arbitration Act , UNCITRAL Model Law