Reforming India’s Arbitration Framework: Addressing Patent Illegality in Award Enforcement; Alignment with the International Standards
by Arin Chatterjee* and Aranya Chatterjee**
fundamental policy
Delhi High Court | Non-consideration of a clause in a concession agreement not an error that goes into the root of the award; cannot amount to patent illegality
The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.