Ms Nandini Khaitan

Nandini Khaitan

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Arbitration & ADR

Patent illegality: Supreme Court travels a long road to tame a herd of unruly horses
India | 16 July 2020

The patent illegality ground was formally introduced to the Arbitration and Conciliation Act 1996 by way of the Arbitration and Conciliation (Amendment) Act 2015. Prior to 2015, the scope of this ground of challenge was set out in various Supreme Court decisions stemming from Oil & Natural Gas Corporation Ltd v Saw Pipes Ltd. This article examines the genesis of patent illegality and tracks its trajectory from Oil & Natural Gas Corporation.