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Public Policy In Arbitration

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

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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