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SESSION 20

GROUNDS for challenge to an award including public policy

The speaker, Shashank Garg, enlisted and explained the grounds for challenging the Arbitral Award like incapacity of a person, invalidity of Arbitration Agreement, proper notice is not given, violation of Natural Justice, Awards which are beyond the scope of reference, exempted matters, illegality in Arbitral Procedures, disputes that are not Arbitrable, Public Policy, and Patent Illegality. Along with the resource person, there was a surprise guest, Honourable Justice JR Midha, who talked about how there is an absence of Morality and Justice even in the CPC for First Appeals. He further elaborated on how the Supreme Court has defined it to be something that shocks the conscience of the court. Furthermore, he talked about his personal experiences. He suggested to the participants some practical skills that they must practise as being an advocate and put forward to think out of the box.

Resource Persons

Justice JR Midha

Retd. Justice, Delhi High Court

 

Shashank Garg

Partner, Advani & Co.