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MANISH PITALE
Shin-Etsu Chemical Company Limited – Appellant
Versus
Sterlite Technologies Limited – Respondent
ORDER :
The present petition is filed for enforcement of foreign arbitral award dated 24.02.2021, passed by a learned sole arbitrator at Singapore as per the Rules of Arbitration of the International Chamber of Commerce (ICC). By the said award, the petitioner is entitled to recover specific amount from the respondent along with interest. It is an admitted position that a challenge raised before the Singapore High Court on behalf of the respondent against the said arbitral award was rejected on merits.
2. According to the petitioner, the grounds for resisting enforcement of such foreign award within the narrow scope available under Section 48 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Arbitration Act’) have not been made out by the respondent and that therefore, the award deserves to be enforced and executed at the earliest. The endeavour on the part of the respondent before this Court is to claim that such enforcement of the foreign award is contrary to the public policy of India, in the context of which certain specific grounds have been raised. This Court is called upon to examine the said grounds while considering the present petition for enfor
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.
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 ....
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....
Point of law : Section 34 of English Arbitration Act deals with procedural and evidential matters.
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 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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