Enforcement Archives – National Forum for Research in Arbitration Law

The 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)

June 16, 2020 Update by Kushager Relhan , Prashant Mishra

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

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)

May 9, 2020 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

Hindustan Construction Company v. Union of India, 2019 SCC OnLine SC 1520 Supreme Court of India; 3-judge bench; Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian, JJ.; decided on 27 November 2019 BACKGROUND— THE AMENDMENTS IN 2015 AND 2019 The Arbitration and Conciliation Act, 1996 (“ACA”) was amended in 2015,

Category: Enforcement

The 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)

Foreign 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)

Objection as to a domestic award cannot be taken in the execution proceedings if no set-aside application was filed; CPC provisions which are inconsistent with ACA do not apply in execution under Section 36, ACA; Section 47, CPC is not attracted (Orissa High Court) (07 January 2020)

The 2019 amendments, introducing Section 87 into the Arbitration and Conciliation Act and deleting Section 26 of the 2015 Amendment Act, violate Article 14 of the Constitution (Supreme Court)