Patent Law

When Courts Can Reject Arbitration Awards โš–๏ธ


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๐Ÿ›๏ธ When Final Decisions Aren't Really Final

๐ŸŒŸ Imagine this: An arbitrator makes a decision about your property compensation, but something feels fundamentally wrong. Not just a small mistake - but so wrong that it shakes the very foundation of justice. Can you challenge it? The answer might surprise you!

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” The 'patent illegality' principle - your secret weapon against flawed arbitration awards
  • โš–๏ธ Why arbitrators must give reasons for their decisions (and what happens when they don't)
  • ๐ŸŽฏ How courts balance finality of arbitration with fundamental fairness
  • ๐Ÿ’ผ The difference between 'wrong' decisions and 'illegally wrong' decisions

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž National Highway Authority of India vs. P. Nagaraju & Others - The Supreme Court case that clarified everything about compensation disputes
  • โญ Associate Builders vs. DDA - Setting boundaries on when courts can intervene
  • ๐Ÿ—๏ธ Ssangyong Engineering & Construction Company Limited vs. NHAI - Defining the limits of judicial review

๐ŸŽฏ Key Legal Principles Made Simple:

  • ๐Ÿ”ง Section 34 of the Arbitration Act - your roadmap to challenging awards
  • ๐Ÿ“ Section 31(3) requirement - why 'reasoned awards' are non-negotiable
  • โšก Natural justice violations - when fair hearing goes wrong
  • ๐ŸŽช 'Perverse findings' - decisions so wrong they defy logic

๐ŸŽ™๏ธ Whether you're facing arbitration yourself or just curious about how justice works, this episode reveals the fascinating balance between finality and fairness in India's legal system!

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Patent LawBy Sharad Bansal