India’s Jumbled Public Policy Jurisprudence: Stretch, Demarcate and ‘Saw Pipes’

– Malcolm Katrak

The doctrine of public policy is a channel through which public law enters private law and bars it from actualizing its normal legal consequences.  Even though public policy is an old doctrine in common law, it is not clear which aspects of public law could enter the arena of private law and make it unenforceable. Despite the historical importance of the doctrine of public policy in contractual settings, there is still an unresolved tension at the heart of the intersection between private conflict resolution mechanisms and public policy. To read about this conflict in arbitration, click here.