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ARIF S. DOCTOR
Neilan International Co Ltd – Appellant
Versus
Powerica Ltd. – Respondent
JUDGMENT:
Arif S Doctor, J.
1. The present Commercial Arbitration Petition is filed under the provisions of Part II of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) and seeks enforcement of an Arbitral Award dated 27th September 2018 (“the Final Award”) passed by International Court of Arbitration, London under the provisions of ICC Arbitration Rules 2012. By the Final Award the Petitioner has been awarded a sum of Euro 2.45 million and costs.
2. Before adverting to the rival contentions, it is useful, for context to set out the following facts, viz.
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.
Enforcement of foreign awards under Section 48 bars merits re-review; tribunal findings on deemed acceptance, contract validity via past dealings upheld unless perverse; ad-hoc agreement overrides ru....
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 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 ....
Public policy arguments for setting aside an arbitral award must demonstrate significant injustice or irregularity, and enforcement is granted as of right when statutory requirements are satisfied.
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....
Court upheld an arbitral award, dismissing challenges on public policy and enforceability, stressing narrow interpretation of grounds for setting aside under Arbitration Act 2005.
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