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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
NAFED v. Alimenta: The Supreme Court Takes Several Steps Back
Anirudh Agarwal Introduction The Supreme Court, in the recent case of NAFED v. Alimenta ('NAFED') refused to enforce an arbitral award on the ground of it being violative of “public policy” exception. The judgment dealt with the enforcement of an award that was passed even before the enactment of the Arbitration and Conciliation Act, 1996 ('A&C Act'). The main issue before the court in the present case was the interpretation of the term “public policy” under the Foreign Award
Anirudh Agarwal
Jun 4, 20208 min read
Resolving the Conflict Between Lex Specialis and Lex Generalis in procedure for the Appointment of Arbitrators
Shruti Mishra, Prakarsh The authors have attempted to scrutinise the position of the Supreme Court on the ambiguity surrounding the procedure of the appointment of arbitrators, given under a specific legislation vis-a-vis the Arbitration & Conciliation Act, 1996. The authors have relied on the analysis of the landmark case in this regard – National Highways Authority of India v. Sayedabad Tea Company Ltd. And Ors. Through the lens of this judgment, the authors have delved in
Shruti Mishra and Prakarsh
Jun 1, 20206 min read
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