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 readingForeign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)
Wrong composition of seat and wrong composition of arbitral tribunal is ground for refusing enforcement- establishing prejudice not required; significance and consequences of seat; determination of seat et. al. (Supreme Court of Singapore)
ST Group Co Ltd and others v Sanum Investments Limited and another, [2019] SGCA 65 Supreme Court of Singapore (Court of Appeal); 3-judge bench, Sundaresh Menon CJ, Judith Prakash JA and Quentin Loh JJ., decided on 18 November 2019 Article 36 Model Law and Section 31 International Arbitration Act
Continue readingFundamental policy of Indian law includes drastic serious policy matters; inadmissible evidence not a ground covered under the public policy exception (Bombay High Court)
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 readingLimitation to enforce a foreign award is twelve years (Bombay High Court)
Imax Corporation v. E-City Entertainment (I) Pvt. Ltd. and others High Court of Bombay, single -judge bench, G. S. Kulkarni, J., decided on 13 November 2019 When the court is satisfied that a foreign award is enforceable[1], it becomes a decree of the court and can be executed. Per
Continue reading