Patent Illegality in Indian Arbitration: The Gayatri Balasamy Shift

This blog examines the evolution of the “patent illegality” ground under Section 34 of the Arbitration and Conciliation Act, 1996, culminating in the Supreme Court’s recent decision in Gayatri Balasamy v. ISG Novasoft. It traces the trajectory from Renusagar’s narrow restraint to Saw Pipes’ expansion, through Western Geco’s excesses and subsequent legislative reforms, before assessing Balasamy’s attempt to realign Indian law with global arbitration standards. Using a counterfactual analysis of Saw Pipes, the article evaluates whether Balasamy offers substantive reform or merely rhetorical recalibration.