Foreign award can be enforced or rejected only on the grounds under Section 48: Supreme Court
- shrey singh
- Feb 20, 2020
- 1 min read
Foreign award can be enforced or rejected only on the grounds under Section 48: Supreme Court
Vijay Karia v. Prysmian Cavi E Sistemi Srl
CIVIL APPEAL NO. 1544 OF 2020 (ARISING OUT OF SLP (CIVIL) NO.8304 OF 2019) decided on 13.02.2020
Bench
RF Nariman, Aniruddha Bose and V. Ramasubramanian, JJ
Question of Law
When can enforcement of foreign award be refused under Arbitration and Conciliation Act,1996?
Held
The Court said enforcement of a foreign award may be refused only if the party resisting enforcement furnishes to the Court proof that any of the grounds under Section 48 of the Arbitration and Conciliation Act, 1996 is violated.
Grounds for resisting enforcement of a foreign award under Section 48
Under “public policy of India” an award which is induced by fraud or corruption, or which violates the fundamental policy of Indian law, or is in conflict with the most basic notions of morality or justice may be set aside.
If a foreign award fails to determine a material issue which goes to the root of the matter or fails to decide a claim or counter-claim in its entirety, the award may shock the conscience of the Court and may be set aside.
Comments