Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC
The Himachal Pradesh High Court ruled that an arbitral award passed based on mutual consent between the parties cannot be deemed patently illegal or in conflict with public policy. In the case, the petitioner contested the award claiming that it violated public policy, but the court emphasized that consent in arbitration matters holds paramount importance. It further highlighted that arbitral awards, unless tainted with patent illegality or contravention of established laws, should not be overturned. The ruling reiterates that courts must respect the autonomy of parties in arbitration, especially when their consent forms the foundation of the award, underscoring the importance of party autonomy in arbitration and limited judicial intervention.