JUDGMENT :

P.B. Suresh Kumar, J.

This arbitration appeal is directed against the judgment dated 28.02.2019 in E.P.(ICA) No.1 of 2018, in terms of which the learned Single Judge dismissed an application instituted by the appellant against the respondent for enforcement of a foreign arbitral award. Documents are referred to in this judgment, as they appear in the proceedings from which the appeal arises.

2. The undisputed facts are the following:

The appellant, a company incorporated in the USA entered into a contract with the respondent for purchase of 700 cartons of W320 grade cashew kernels on terms negotiated and finalised through a broker as per the trade practice. Pursuant to the contract, the respondent exported the goods and received payment on cash against document basis. According to the appellant, the goods received by them were not conforming to the standard prescribed in the contract. They therefore raised a claim against the respondent. The respondent did not honour the claim. The appellant, in the circumstances, served on the respondent a Demand for Arbitration of the dispute by the Association of Food Industries Inc. (the AFI), an institution administering arbitration pro