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HIGH COURT OF BOMBAY
Manish Pitale, J
Arbaza Alimentos Ltda – Appellant
Versus
MAC Impex and others – Respondent
| Table of Content |
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| 1. enforcement of foreign arbitral awards requires established grounds under indian law. (Para 1 , 4 , 5 , 12) |
| 2. respondents' arguments against the award's enforcement lack sufficient legal foundation. (Para 10 , 13 , 18 , 19 , 20 , 22) |
| 3. judicial interpretations stress narrow application of public policy in approving enforcement. (Para 14 , 25 , 26 , 28 , 29) |
| 4. arbitration agreements inferred from standard contracts bind parties to arbitration. (Para 27 , 31) |
| 5. court confirms award's enforcement, dismissing resistance claims. (Para 36) |
ORDER :
. The petitioner is seeking enforcement of foreign arbitral award dated 24.09.2020, passed by a learned sole arbitrator, who was appointed by the Grain and Feed Trade Association (GAFTA), with the arbitration being held in the United Kingdom (UK). It is an admitted position that the respondents did not challenge the said arbitral award on merits before the competent courts in UK.
2. The petitioner is a company registered under the laws of Brazil and it is engaged in the business of export of various agricultural products to number of countries including India. Respondent No.1 is a partnership firm registered in India, engaged in
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