In Unibros v. All India Radio, India’s Supreme Court (the “SC”) set aside an arbitral award that allowed a claim for damages without any proof of the claimant having suffered injury, thereby rendering the award as being in conflict with India’s public policy. Section 34(2)(b)(ii) of India’s Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) stipulates that an arbitral award may be set aside by a court if “the arbitral award is in conflict with the […]

Arbitration is sometimes touted as a more effective dispute resolution mechanism than litigation. In the U.S., one of the main reasons businesses build arbitration clauses into their contracts is the desire to avoid the lengthy and costly process of litigation. The American Arbitration Association (AAA) suggests that the average AAA arbitration (for domestic and commercial disputes) is resolved within 11.6 months, while the average U.S. federal court case can take 24 months just to […]