Bombay High Court
Transocean Shipping Agency (P) Ltd.
Versus
Black Sea Shipping and others
Decided On:

Headnote:Section 7-Convention on Recognition and Enforcement of Foreign Arbitral Awards, New York, dt. 10.6.1958, Art. V-Bombay High Court Rules, Chapter XLIII, Rule 801-Award-When the appellant failed to produce relevant law of Ukrainian and materials to establish that award was not as per Ukrainian law, then fresh documents to be filed before Supreme Court not acceptable.

       Foreign Awards (Recognition and Enforcement) Act, 1961

       Section 2-Award made in Ukraine after break up of USSR is a Foreign Award-Notification notified USSR as a reciprocating territory recognised by India and still continues in spite of political separation.-An award made in Ukraine was an award made in a reciprocating territory as notified and this position continues even after the political separation of various Soviet Socialist Republics. Ukraine continues to be a signatory to the New York Convention and the notification of 7.2.1972 continues to operate in the territories then forming part of the USSR, including the territory of Ukraine. Although, the appellants has relied upon the various agreements between India and the Russian Republic where India has recognised Russian Republic as a successor of the old State of USSR. This makes no difference to the recognition granted under the notification of 7.2.1972 to the entire territory of USSR as then in existence as a reciprocating territory for the purposes of Section 2 of the Foreign Awards (Recognition and Enforcement) Act, 1961. There is no implied curtailment of the notification of 7.2.1972 as now applying only to that territory which forms a part of the Russian Republic.

       The Court, had relied upon the Indian Independence (International Arrangement) Order, 1947. This decision, therefore, does not directly apply to the present case. In view, however, of the notification of 7th of February, 1972, the contention of the appellants that the present award is not a foreign award as defined in Section 2 must be rejected. No new notification is necessary in respect of Ukraine.

       For Citation : Bom LR 1988 Vol. 100(1) 423