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Apr 28, 2025

SC Holds that Exercise of Supervisory Jurisdiction of HC, Under Article 226/227 of Constitution, Against Arbitral Orders is Permissible Only If Order is ‘Completely Perverse’

The Supreme Court (‘SC’), in Serosoft Solutions Private Ltd. v. Dexter Capital Advisors Private Ltd.,[1] has held that the exercise of writ jurisdiction by High Courts (‘HCs’), under Article 226/227 of the Constitution of India (‘Constitution’), against orders passed by an arbitral tribunal, is permissible in situations of exceptional rarity, where the order is ‘completely perverse’, i.e., orders where the ‘perversity must stare in the face’.

[1] Serosoft Solutions Private Ltd. v. Dexter Capital Advisors Private Ltd., 2025 SCC OnLine SC 22.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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