The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award set aside in DMRC v. DAMEPL

The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award set aside in DMRC v. DAMEPL

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Volume 17 Issue 2 ()

This year, the Supreme Court of India (‘SCI’) chose to allow a curative petition in Delhi Metro Rail Corporation v. Delhi Airport Metro Express (‘DMRC Judgment’) to set aside a disputed arbitral award. The decision is momentous as it marks the first arbitral award set aside at the curative stage, which is the final stage of review our Apex Court offers. This invites our attention to revisit and inspect judgments involving curative petitions to cull out the parameters the SCI considers before allowing one. Such an analysis would allow us to check whether the curative petition in the DMRC Judgment passed this threshold to be allowed. This is necessary as the DMRC Judgment has courted much criticism in its few months of existence. While most have directed their dissatisfaction at the increased ambit of setting aside arbitral awards, this note solely takes a look at it from a ‘curative’ perspective. It will restrict itself to tallying the DMRC Judgment against the other curative petitions that have been allowed by the SCI. In doing so, it might end up providing a contrarian view to the current discourse surrounding the decision.

Cite as: Ranak Banerji & Ria Kumar, The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award set aside in DMRC v. DAMEPL, 17 NUJS L. Rev. 1 (2024)