Synopsis

A few years ago the Indian Supreme Court gave its decision in the ONGC v. Saw Pipes case bringing back `patent illegality' as a ground for challenge to arbitration awards.[1] That was a case arising out of a domestic dispute. At least it left open the possibility that the expanded definition of public policy in this decision might not apply to international commercial arbitration. After all, the scheme of the Indian Arbitration and Conciliation Act 1996 clearly draws a distinction between domestic and international commercial arbitrations. However, the Indian Supreme Court ...