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SHEKHAR B. SARAF
Jaldhi Overseas Pte Ltd. – Appellant
Versus
Steer Overseas Pvt. Ltd. – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The petitioner/award holder, Jaldhi Overseas Pte. Ltd., in the instant application [being EC 100/2022] under section 46 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the ‘Act’] read with Order XXI of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] is a company incorporated under the appropriate laws of Singapore.
2. The respondent/award debtor, Steer Overseas Private Limited, is a company within the meaning of the Companies Act, 2013, having its registered office at 103, Sahid Nagar, 2nd floor, Bhubaneshwar –751007 outside the jurisdiction aforesaid and its corporate office at 91 A/1, Park Street, Block No. 401, 4th Floor, Kolkata – 700016 within the jurisdiction aforesaid.
3. The instant application has been filed by the award holder for enforcement and execution of a foreign partial award in its favour.
Relevant Facts
4. The relevant facts are produced below: -
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.
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 ....
A foreign arbitration award cannot be enforced where the tribunal conclusively finds no valid arbitration agreement exists, as per Sections 44 and 48 of the Arbitration and Conciliation Act, 1996.
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 ....
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 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.
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....
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