I.P. Mukerji, J.

EC No. 311 of 2013

In an execution application to enforce a foreign arbitral award dated 23rd February, 2013, in favour of the petitioner, the judgment debtor has taken various points to challenge this award under Part-II chapter-I of the Arbitration and Conciliation Act, 1996.

The award is of the Refined Sugar Association 154, Bishopsgate London made and published by its Chairman.

The alleged contract was entered into between the parties on 21st December, 2010.

The petitioner was the seller and the judgment debtor, the buyer. The opening words of the contract document recited as follows:-

“We confirm having sold to you under the following terms and conditions stipulated hereinafter”.

The contract was for sale of 12,500 MT of white sugar, described as “Thailand Refined Sugar”. It was to be shipped in 250 lots of 50 MT each in polypropylene bags each of 50 Kg. net. The load ports were to be Bangkok and two other ports in Thailand. The shipment was to be made between 10th March, 2010 and the 15th May 2010. The above quantity was to be shipped in a maximum of three full vessels and the balance in containers. It was a FOB Contract.

There was a technical stipulation wi