The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that “A writ court may well hold against a public body on a public law principle or by invoking Article 14; But an Arbitrator, constrained as he or she is by the contract, has no such power”.
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing to be done in a particular manner, Read more »
The classification of Marathas as a socially and educationally backward class was unreasonable as they belonged to a politically dominant caste with significant economic resources. The court also concluded that the majority opinion in the Indra Sawhney case was correct and that the limit of 50 percent for caste-based reservations Read more »
The Supreme Court held that two companies incorporated in India could choose a seat for arbitration outside India and the resultant award would be enforceable under Part II of the Arbitration and Conciliation Act, 1996. The Supreme Court, however, held that such parties are also entitled to interim relief under Read more »
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