Fundamental policy of Indian law Archives – National Forum for Research in Arbitration Law

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

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

April 24, 2020 Updates by Saurabh Tiwari

KM Suresh Babu v. Sundaram Finance Limited Madras High Court; single-judge bench, M Sundar J; 05 March 2020 A. THE BACKGROUND Sundaram Finance (SF) financed a truck to Suresh under a hire-purchase contract. Suresh defaulted on the repayment of instalments on 06 April 1999. SF seized the truck on 17

Categories: Fundamental policy of Indian law | Limitation | Patent Illegality | Public Policy of India | Section 34

Tags : Perversity

Award set aside by Delhi High Court in an appeal, overturning the finding of the arbitral tribunal and a single judge who had dismissed the set-aside application, on the ground that the reasoning of the tribunal was perverse and hence in conflict with the public policy of India (Delhi High Court)

April 2, 2020 Updates by Avantika Verma

MMTC Limited v. Anglo American Metallurgical Coal, FAO (OS) 532/2015 Delhi High Court; 2-judge bench, G.S. Sistani and Anup Jairam Bhambhani JJ.; decided on 02 March 2020 A bench of two judges of the Delhi High Court set aside, in this case, a domestic award in an appeal under Section

If preliminary issue (of claim being time barred) is decided on the basis of demurrer, the finding would remain a preliminary finding and cannot be foreclosed in trial; objection as to limitation is fundamental and substantive (Bombay High Court)

January 3, 2020 Updates by Editor

Bhavik Bhimjiyani v. Urban Infrastructure Real Estate Fund and Others, 2019 SCC OnLine Bom 5104 Bombay High Court, single-judge bench, Ujjal Bhuyan J.; decided on 04 December 2019 A plea that the claimant’s claim was barred by limitation was raised decided on the basis of demurrer. The arbitrator informed the

Categories: Demurrer | Fundamental policy of Indian law | Limitation | Preliminary Issue | Public Policy of India

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

Category: Fundamental policy of Indian law

Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

Award set aside by Delhi High Court in an appeal, overturning the finding of the arbitral tribunal and a single judge who had dismissed the set-aside application, on the ground that the reasoning of the tribunal was perverse and hence in conflict with the public policy of India (Delhi High Court)

If preliminary issue (of claim being time barred) is decided on the basis of demurrer, the finding would remain a preliminary finding and cannot be foreclosed in trial; objection as to limitation is fundamental and substantive (Bombay High Court)

Fundamental policy of Indian law includes drastic serious policy matters; inadmissible evidence not a ground covered under the public policy exception (Bombay High Court)