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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, MADHU JAIN
Union Of India – Appellant
Versus
Reliance Industries Limited – Respondent
| Table of Content |
|---|
| 1. appeal filed under section 50 of a&c act. (Para 1 , 3) |
| 2. respondents challenge maintainability of appeal. (Para 2) |
| 3. learned single judge's findings on execution petition. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. petitioner seeks execution of an unenforceable award. (Para 12) |
| 5. each party's right to appeal is statutory. (Para 23) |
| 6. court's power to refuse enforcement under section 48. (Para 24 , 41) |
JUDGMENT :
NAVIN CHAWLA, J.
1. This appeal has been filed under Section 50 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'A&C Act'), challenging the order dated 02.06.2023 passed by the learned Single Judge of this Court in OMP(EFA)(COMM) 1/2019, titledThe Union of India v. Reliance Industries Ltd. & Anr. (hereinafter referred to as, 'Impugned Order').
2. The respondents have taken a preliminary objection challenging the maintainability of the present appeal under Section 50 of the A&C Act. Mr. Harish Salve, the learned senior counsel appearing for the respondents, and Mr. R. Venkataramani, the learned Attorney General of India appearing for the appellant, therefore, confined their submissions to the same issue and by the present judgment
The enforceability of a foreign arbitral award under the A&C Act requires specificity in the award; vague declarations cannot be executed until all pertinent elements are resolved.
An appeal under Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 is maintainable against all respondents when the dismissal of the Arbitration Petition is intertwined with the Chamber S....
The main legal point established in the judgment is that the appealability of orders pertaining to the Arbitration and Conciliation Act must be determined as per the drill under Section 50 alone, and....
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 ....
Point of law : Section 34 of English Arbitration Act deals with procedural and evidential matters.
Once an award is found to be enforceable under Section 49, it is deemed to be a decree from the date of the foreign award. Only broader principles of CPC apply to Part II of the Act.
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.
1.Arbitral proceedings - Applicability of Act of 1996 – Section 85 (2) (a) of Act of 1996 clear that in case arbitral proceedings is commenced before this Act shall continue in Old Act, 1940 unless o....
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