Altering Frameworks Of Public Policy In Setting Aside The Arbitral Award Under Section 34 (2) (B) (II) Of The Arbitration Act

The Arbitration Act was enacted to make the provisions for an arbitral procedure which is fair, efficient, and capable of meeting the needs of the specific arbitration, to minimize the supervisory role of courts in the arbitral process and to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in settlement of disputes.

The basic impetus of this Act is to bring cost effective and expeditious resolution of disputes by giving finality to an arbitral award. The public policy of India is the most imperative factor in the process of enforcement of an arbitral award as it involves individuals from multiple jurisdictions and legal traditions. What then constitutes Public Policy is the primary question. This article primarily focuses on the Framework of this Clause i.e., “Public Policy” and the significant transformation it has undergone with the passage of time due to judicial pronouncements and its