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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.SONAK, ADVAIT M.SETHNA
Imax Corporation – Appellant
Versus
E-City Entertainment (I) Pvt. Limited – Respondent
| Table of Content |
|---|
| 1. appeal on enforcement of foreign arbitral awards. (Para 2 , 11 , 12 , 15 , 21 , 22) |
| 2. recognition of foreign arbitral awards and enforcement. (Para 14 , 17 , 30) |
| 3. public policy argument regarding enforcement of awards. (Para 141 , 144 , 148) |
| 4. maintainability of appeal regarding associated companies. (Para 192 , 198 , 213) |
| 5. modification and enforcement process of arbitration awards. (Para 316 , 320) |
JUDGMENT :
M. S. Sonak, J.
1. Heard learned Counsel for the parties.
PRELIMINARIES
2. This Commercial Arbitration Appeal is directed against the judgment and order dated October 24, 2024 passed by the learned Single Judge disposing of Commercial Arbitration Petition No. 414 of 2018 along with Chamber Summons No. 99 of 2019, 100 of 2019 and 101 of 2019 under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 (said Act), thereby refusing to recognise and enforce three foreign arbitral awards dated February 09, 2006, August 24, 2007 and March 27, 2008 [foreign awards] made by the ICC Arbitral Tribunal
3. The 2nd and 3rd Respondents objected to the maintainability of this Appeal. By order dated April 23, 2025, made by the Coordinate Bench of this Court comprising
The enforcement of foreign arbitral awards may only be refused on specific grounds as outlined in the Arbitration and Conciliation Act; violations of procedural norms do not themselves constitute a b....
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 : Section 34 of English Arbitration Act deals with procedural and evidential matters.
Foreign award enforceable under Sections 48-49 Arbitration Act is executable as decree; no separate executability test or prior RBI approval under FEMA required; prior objections on compliance/valuat....
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 ....
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