Arbitration and the Supreme Court: A Tale of Discordance between the Text and Judicial Determination

National University of Juridical Science Law Review, Vol. 4, p. 639, 2011

30 Pages Posted: 11 Mar 2012 Last revised: 23 Apr 2012

Date Written: March 9, 2012

Abstract

There is considerable dissonance between the text of the Arbitration and Conciliation Act, 1996 and the judicial decisions interpreting it. This discordance has a significant impact on arbitration in India. This paper analyses the possible impact of these discrepancies through eight cases decided by the Supreme Court in the past decade.

Keywords: Bhatia International v Bulk Trading SA, Lohia v Lohia, ONGC v SAW Pipes, Centrotrade v Hindustan Copper, SBP & Co v Patel Engineering, Venture Global v Satyam, TDM Infrastructure v UE Development, N. Radhakrishnan v Maestro Engineers, Consultation Paper, Arbitration and Conciliation Act, 1996

JEL Classification: K10, K30, K33, K39, K41

Suggested Citation

Srinivasan, Badrinath, Arbitration and the Supreme Court: A Tale of Discordance between the Text and Judicial Determination (March 9, 2012). National University of Juridical Science Law Review, Vol. 4, p. 639, 2011, Available at SSRN: https://ssrn.com/abstract=2018914

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