Recently, the Supreme Court (SC), in the judgment of Delhi Metro Rail Corporation Ltd (DMRC) vs Delhi Airport Metro Express Pvt Ltd (DAMEPL), set aside the arbitral award by exercising its curative jurisdiction. Perusing this judgment, one gets reminded of the quote said by Justice Burrough that “Public Policy is an unruly horse where once you stride on it you do not know where it is going to take you”. The recent judgment rendered by the SC has proved that the same applies to the arbitration regime in India. The Arbitration Amendment Act, 2015 was enacted with the intent of reducing the courts’ interference in arbitral awards to make India an arbitration hub.
