SC Rules that Parties Can Adduce Additional Evidence for Establishing Violation of Public Policy as Ground for Setting Aside Arbitral Award Under Section 34 of Arbitration Act

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Mar 31, 2023

SC Rules that Parties Can Adduce Additional Evidence for Establishing Violation of Public Policy as Ground for Setting Aside Arbitral Award Under Section 34 of Arbitration Act

In Alpine Housing Development Corpn. (P) Ltd. v. Ashok S. Dhariwal^[1], the Supreme Court (‘SC’) held that a party may be allowed to lead evidence for establishing that the arbitral award is in conflict with the public policy of India under Section 34(2)(a) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). However, it may not be permitted, if the same can be established from the record before the arbitrator.

[1] Alpine Housing Development Corpn. (P) Ltd. v. Ashok S. Dhariwal, 2023 SCC OnLine SC 55.

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