Abstract |
Arbitration is one of the most favoured methods for resolution of business disputes. Arbitration is a creation of the contract, which the parties enter out of their own sweet will. However, ‘public policy’, plays an important role in arbitration decisions and it has been given different interpretations by different courts and at different times. It has been called the unruly horse and the rider needs to be very careful in controlling the animal otherwise the horse controls the rider. As ‘public policy’ has not been defined exhaustively, it leaves a number of questions unanswered and there is always a possibility of more than one interpretation. It makes the entire arbitration clause quite uncertain. This research aims to find out the changing trends in the arbitration law in India vis-à-vis public policy, particularly related to business and infrastructure in the last couple of years. |