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LANDMARK CASE

ONGC v. Saw Pipes

(2003) 5 SCC 705 · Supreme Court of India · Arbitration

At a glance

  • Citation: (2003) 5 SCC 705
  • Court: Supreme Court of India
  • Area of law: Arbitration
  • In one line: Public policy includes patent illegality, so the award was set aside.

1 Facts

An arbitral award refused liquidated damages for delay.

2 Issue

What does 'public policy' mean for setting aside awards?

3 What the court decided

Public policy includes patent illegality, so the award was set aside.

4 Why it matters

Widened court interference, later narrowed by amendments in 2015.

5 Think about it

How did the 2015 amendment change this?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this caseLegal Drafting Guidebook

7 More cases on Arbitration

  • Associate Builders v. Delhi Development Authority (2015) 3 SCC 49
  • Bharat Aluminium Co. v. Kaiser Aluminium Technical Services (2012) 9 SCC 552
  • Bhatia International v. Bulk Trading (2002) 4 SCC 105
  • Perkins Eastman Architects v. HSCC (India) (2020) 20 SCC 760
  • Ssangyong Engineering v. NHAI (2019) 15 SCC 131
  • TRF Ltd. v. Energo Engineering Projects (2017) 8 SCC 377

All 366 landmark cases · Today's Case of the Day · Weekly quiz

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