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ARTICLE · 12 MARCH 2021

Monthly Newsletter - February 2021

AKS Partners
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Arbitration, as an alternative dispute resolution mechanism, is intended to resolve parties' disputes in a private and efficient manner.

IndiaIntellectual Property
Anshuman Gupta
Anshuman Gupta
Vignesh Raj
Vignesh Raj
Nabeel Wasim Malik
Nabeel Wasim Malik

SCOPE OF JUDICIAL INTERFERENCE IN ARBITRAL AWARDS ON THE GROUND OF PATENT ILLEGALITY

INTRODUCTION

Arbitration, as an alternative dispute resolution mechanism, is intended to resolve parties' disputes in a private and efficient manner. The mechanism is premised on minimal court interference during the arbitral process and ease of recognition and enforcement of arbitral awards.

The Arbitration and Conciliation Act, 1996 ("Act"), was enacted with this goal of minimizing judicial interference1. The scope of judicial interference after passing an award, is limited to the grounds stated under Section 34 of the Act. One such ground for domestic arbitral awards is "patent illegality".

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