Introduction

In a very recent ruling, the Indian Supreme Court in McDermott International Inc. v. Burn Standard Co. Ltd. and Ors. ("McDermott") sustained the controversial and much debated decision rendered by the same court in Oil & Natural Gas Corp. Ltd. v. SAW Pipes Ltd. (the "SAW Pipes Case"). In that earlier case, the Court had adopted a broad interpretation of public policy by including error of law as a new ground for setting aside an arbitral award. It then used this new ground as a means to conduct a review of the merits of the case, a nightmare for every arbitration lawyer and ...