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The words of J. Burrough aptly justify the unpredictability of
the interpretation of the term public policy when he
says,
Public Policy is an unruly horse where once you
stride on it you do not know where it s going to take
you.
For decades India has been perceived as a jurisdiction which is
not arbitration friendly and where enforcement of foreign arbitral
awards is problematic. As per section 34(2)(b)(ii) of the
Arbitration Act, 1996 an arbitral award can be set aside by the
court if it is against the public policy of India .