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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
SS Exports – Appellant
Versus
Ark Shipping Co. Ltd. – Respondent
ORDER :
S VISHWAJITH SHETTY, J.
1. This writ petition under Article 227 of the Constitution of India is filed seeking for the following reliefs:-
"1. Issue an appropriate writ or order, setting aside the impugned order dated 16.09.2022 passed in Execution Case No.15180/2005 by the XIII Addl. City Civil Judge, Mayo Hall, Bangalore, which is produced at Annexure-A to the writ petition;
2. Issue an appropriate writ or order or direction in the nature of declaration by declaring to the effect that the impugned arbitral award presented for recognition and execution in the said case Ex. Case No.15180/2005 is unenforceable vide Annexure-A.
3. And pass such other orders or directions deems fit to be passed in favour of the petitioner under the circumstances of the case in the interest of justice and equity."
2. Heard the learned Counsel for the parties.
3. Facts leading to filing of this writ petition as revealed from the records are, the respondent herein (decree-holder) under a Charter Party dated 12.05.2004 had given a ship/vessel on charter to the petitioner/judgment-debtor for transporting certain goods. The decree-holder had laid claim for freight and demurrage charges to the tune of US $ 2
The enforcement of foreign arbitral awards under the Arbitration and Conciliation Act, 1996, is upheld unless specific procedural or public policy violations are proven, which was not established in ....
Point of law : Section 34 of English Arbitration Act deals with procedural and evidential matters.
Enforcement of a foreign arbitral award is granted under Section 48 of the Arbitration Act, emphasizing limited grounds for refusal based on public policy, requiring strong evidence of violation.
Point of Law : New York Convention recognizes that an award may not be enforced where it is predicated on a subject matter outside the jurisdiction of the arbitrator.
The enforceability of a foreign arbitral award under the A&C Act requires specificity in the award; vague declarations cannot be executed until all pertinent elements are resolved.
The enforcement of a foreign arbitral award cannot be resisted on merits, and the validity of an assignment under Sudanese law was upheld, confirming the binding nature of arbitration agreements.
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