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Indian Supreme Court sets aside half a billion dollar arbitral award to ‘cure’ miscarriage of justice

The Supreme Court of India, in its recent judgment in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd, set aside an arbitral award on grounds of patent illegality. This judgment was delivered in a curative petition, which is a final remedy, exercised in the rarest of rare cases by the Supreme Court. This article analyses the reasoning of the Supreme Court to set aside the arbitral award, and the pitfalls of such a decision in a curative petition.

Released on Jun 4, 2024