Foreign Awards (Recognition and Enforcement) Act, 1961

The National Agricultural Cooperative Marketing Federation of India (NAFED) entered into a 1979‑80 groundnut export contract with Alimenta S.A. containing an arbitration clause and a contingency provision (Clause 14) that the contract would be cancelled if export was prohibited by the Government. Due to cyclone damage …

OPG Power Generation (the appellant) and its holding company Gita Power were sued by Enexio Power Cooling Solutions for unpaid amounts under supply and erection orders for an air‑cooled condenser unit. The arbitral tribunal held that Gita Power, as the holding company, was bound by the arbitration agreement and jointly…

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, also only naming re…

P.E.C. Limited chartered a vessel from Austbulk Shipping and a dispute arose over freight and demurrage. The parties had an arbitration clause in the charter party, and a sole arbitrator awarded US$150,362.18 to Austbulk. P.E.C. filed a petition for enforcement of the foreign award in the Delhi High Court, objecting th…

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable because it had not b…

The Supreme Court considered an appeal by DLF Ltd. and another Indian company against a Croatian generator firm concerning the enforcement of a foreign arbitral award expressed in euros. The key issues were the appropriate date for fixing the foreign exchange rate to convert the award into rupees and the treatment of a…

The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and Conciliation Act, 1996 co…

The National Highways Authority of India (NHAI) awarded a construction contract to Ssangyong Engineering & Construction Co. Ltd., which included a price‑adjustment formula based on the Wholesale Price Index (WPI) old series. When the Ministry of Industrial Development stopped publishing the old series and introduced a …

M/s Arif Azim Co. Ltd., an Afghan distributor, entered into a 2010 distributorship agreement with M/s Micromax Informatics FZE (UAE) that contained an arbitration clause designating Dubai as the venue and subjecting the arbitration to UAE Arbitration and Conciliation rules. After a credit dispute, the petitioner sought…

The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards under Section 34 of the …

Shri Lal Mahal Ltd., the seller, sought to resist enforcement of two foreign appeal awards (Nos. 3782 and 3783) passed by the Board of Appeal of the Grain and Feed Trade Association, London, on the ground that the awards contravened the contract and were contrary to public policy of India. The Delhi High Court had uphe…

The appellant and respondents entered into a partnership agreement in 2005 that contained an arbitration clause referring to the Indian Arbitration Act, 1940. The respondents filed a suit seeking injunction, and the appellant moved an application under Section 8 of the Arbitration and Conciliation Act, 1996 (1996 Act) …