Centrotrade Minerals & Metals Inc. v. Hindustan Copper Ltd., 2020 SCC OnLine SC 479 (“Centrotrade III”) Court: Supreme Court of India | Case Number: Civil Appeal No. 2562 of | Citation: 2020 SCC OnLine SC 479 | Judges: RF Nariman, S Ravindra Bhat and V Ramasubramanian JJ | Date: 02
Continue readingThe test of being unable to present one’s case concerns matters outside party’s control. Enforcement of a foreign award cannot be refused when the party chose not to avail the opportunity to present its case before the arbitral tribunal (Supreme Court of India)
Update by Kushager Relhan , Prashant Mishra
Categories: “Otherwise unable to present his case” | Conditions for enforcement of foreign awards | Enforcement | Section 48 | Section 48(1)(b)
Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)
Update by Samarth Madan , Case Comment by Prashant Mishra
National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A., 2020 SCC OnLine SC 381 Supreme Court of India; 3-judge bench, Arun Mishra, MR Shah, BR Gavai JJ; decided on 22 April 2020 On 22 April 2020A 3-judge bench of the Supreme Court of India ruled on the enforceability
Continue reading Categories: Conditions for enforcement of foreign awards | Enforcement | Enforcement of foreign awards | Foreign Awards (Recognition and Enforcement) Act | Fundamental policy of Indian law | Public policy | Public Policy of India
Fundamental policy of Indian law includes drastic serious policy matters; inadmissible evidence not a ground covered under the public policy exception (Bombay High Court)
Updates by Editor
Nobel Resources Ltd. v. Dharni Sampda Private Ltd., 2019 SCC OnLine Bom 4415 High Court of Bombay, single-judge bench, R. I. Chagla, decided on 18 November 2019 Nobel applied for enforcement of a SIAC award, which the respondent Dharni Sampda resisted on the ground that the award contravenes public
Continue reading Categories: Conditions for enforcement of foreign awards | Enforcement | Enforcement of foreign awards | Foreign award | Fundamental policy of Indian law | Most basic notions of morality and justice | Public policy | Public Policy of India | Review on the merits of the dispute