‘One more bite at the cherry’: Justice Nariman criticises reopening of Delhi Metro arbitration award

Former Supreme Court judge Justice Rohinton F Nariman has criticised the recent reopening of the 2008 Delhi Metro arbitration award, suggesting it undermines the finality of arbitral awards. Speaking at GHAC Arbitration Week 2026, he stated that the Supreme Court's intervention in the case has "led to very far-reaching consequences".

The award, initially upheld by a three-member arbitral tribunal in 2017, was challenged multiple times before being set aside in 2024 due to patent illegality. Justice Nariman explained that this final intervention created a new ground for judicial review, even though it was not raised earlier. He described this as a "major problem" for arbitration, as it opens the door for arbitral awards to be interfered with at the "fag end" after they have become final.

The judge called for a single full appellate review of both facts and law, and strict timelines, to address the growing uncertainty in arbitration law.