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MANISH PITALE
Arbaza Alimentos Ltda – Appellant
Versus
MAC Impex – Respondent
ORDER :
The petitioner is seeking enforcement of foreign arbitral award dated 24.09.2020, passed by a learned sole arbitrator, who was appointed by the Grain and Feed Trade Association (GAFTA), with the arbitration being held in the United Kingdom (UK). It is an admitted position that the respondents did not challenge the said arbitral award on merits before the competent courts in UK.
2. The petitioner is a company registered under the laws of Brazil and it is engaged in the business of export of various agricultural products to number of countries including India. Respondent No.1 is a partnership firm registered in India, engaged in the business of trading, including import/export of agricultural products. Respondent Nos.2 to 4 are the partners of respondent No.1 firm. The respondents are resisting enforcement of the aforesaid foreign arbitral award on various grounds. Before referring to the said grounds, it would be appropriate to first refer to the chronology of events, leading upto filing of the present petition.
3. On 04.09.2019, the petitioner and respondent No.1 entered into a contract whereby the said respondent agreed to buy and the petitioner agreed to sell 780 Metric Tonn
The court emphasized the 'pro-enforcement bias' in the New York Convention of 1958 and the need to enforce foreign arbitral awards as a rule, denying enforcement only as an exception.
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.
Once declaratory arbitration award came to be passed by arbitral tribunal, same ought to have been challenged by petitioners by exercising its remedy available under provisions of English Arbitration....
The existence of a valid arbitration agreement is a prerequisite for the enforcement of a foreign award, but the Court cannot substitute its own view for that of the arbitrator on the issue of the ex....
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 foreign arbitration awards is governed by specific provisions under the Arbitration and Conciliation Act, with the resisting party bearing the burden of proof to establish grounds for ....
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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