Partner, Abhishek Emmanuel Kisku and Associate, Piyush Raj have recently authored an article on “Judicial Overreach or Necessary Scrutiny? The Supreme Court’s Role in the DMRC Arbitration Saga”, which has been published in Volume 2 Issue 2 of Indian Business Law Review (IBLR).
The article is based on the recent Supreme Court judgment in Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. (DMRC Case), which dealt with two critical legal concepts – the scope of the Hon’ble Supreme Court while invoking its curative jurisdiction and the threshold for broadening the ambit of ‘patent illegality’ in setting aside an arbitral award.
This landmark decision highlights the delicate balance between the finality in litigation and the pursuit of justice in India’s evolving arbitration landscape.