• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Validity of foreign arbitral award in India through Supreme Court of india Judgements

Latest News

Back

Validity of foreign arbitral award in India through Supreme Court of india Judgements

Courtesy/By: Kadam Hans  |  14 May 2023     Views:10620

India has been striving to create a more conducive environment for international commercial arbitration in recent years. The country has been working on streamlining its arbitration laws to encourage foreign investors to opt for arbitration in India. The validity of a foreign arbitral award in India is an important issue that has been extensively discussed and debated in the Indian legal system. In this article, we will discuss the validity of foreign arbitral awards in India through Supreme Court of India judgments.

The Indian Arbitration and Conciliation Act, 1996 (“the Act”) provides the legal framework for domestic and international arbitration in India. Under the Act, a foreign arbitral award is treated as a domestic award and can be enforced in India. However, there are certain conditions that must be satisfied for a foreign arbitral award to be valid in India.

The validity of foreign arbitral awards in India has been examined by the Supreme Court of India in several cases. One of the landmark judgments on this issue is the Bhatia International vs Bulk Trading S.A. case. In this case, the Supreme Court held that Part I of the Act applies to foreign-seated arbitrations unless the parties have expressly or impliedly excluded its applicability. The court held that foreign awards could be set aside by Indian courts under Section 34 of the Act.

However, this judgment was overruled by the Supreme Court in the case of Bharat Aluminium Co. vs Kaiser Aluminium Technical Services Inc. In this case, the court held that Part I of the Act would not apply to foreign-seated arbitrations, and Indian courts would have jurisdiction to set aside foreign awards only under the limited grounds mentioned in Section 48 of the Act. The court held that foreign awards could not be set aside under Section 34 of the Act.

The Supreme Court has also clarified that a foreign award would be considered to be in conflict with the public policy of India if it violates basic principles of justice and morality. The public policy exception to the enforcement of foreign awards is narrow and must be construed narrowly.

In the case of Vijay Karia & Ors vs Prysmian Cavi E Sistemi SRL & Ors, the Supreme Court held that the enforcement of a foreign award could be refused if it was found to be in violation of the basic principles of justice, including the right to a fair hearing and due process. The court also clarified that the term “public policy” must be interpreted narrowly, and it should not be used as a ground to review the merits of a foreign award.

The Supreme Court has also held that the party seeking to enforce a foreign award in India must provide a certified copy of the award and the arbitration agreement, duly authenticated by the competent authority in the country where the award was made. The party must also provide a translation of the award and the agreement into English, if it is not in English.

In conclusion, the validity of foreign arbitral awards in India has been examined by the Supreme Court in several cases. The court has clarified that foreign awards can be enforced in India subject to certain conditions. The public policy exception to the enforcement of foreign awards is narrow and must be construed narrowly. The Supreme Court has also laid down the procedure for enforcing a foreign award in India. These judgments have provided clarity on the validity of foreign arbitral awards in India and have contributed to making India a more arbitration-friendly destination.


Courtesy/By: Kadam Hans  |  14 May 2023     Views:10620

News Updates

IMF Retains India's FY25 GDP Growth Forecast at 7%...
02 Sep 2025     Views:38
Judging the Judges: India's Three-Year Practice Ru...
15 Jul 2025     Views:1800
Alternative Dispute Resolution in Torts: A Modern ...
09 Nov 2024     Views:10548
The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:10914
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:10216
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:10131
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:9915
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:10066
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:9678
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:10038
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:10024
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:10147
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:10369
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:10046
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:9984
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:9905
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:10054
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:9988
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:10368
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:10165
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:11127
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:10136
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:10478
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:10365
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:10537
World Health Assembly Revises International Health...
21 Jul 2024     Views:10372
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:10440
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:10275
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:13906
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:12240
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:12301
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:12011
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:13131
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:12374
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:10877
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:11746
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:10920
Exploring the Differences between the US and India...
29 Jun 2023     Views:10945
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:11157
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:10883
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:10859
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:10884
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:10888
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:11250
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:10688
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:10728
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:11247
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:11438
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:10963
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:11413
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:13635
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:11402
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:11025
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:16825
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:10725
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:11642
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:11178
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:10932
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:11137
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:10726
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:11199
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:10877
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:11282
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:11576
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:11781
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:15741
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:10904
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:10831
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:11973
ADR mechanism of legal adjudication in India...
15 May 2023     Views:10643
Validity of foreign arbitral award in India throug...
14 May 2023     Views:10620
Scope of Section 151 CPC...
13 May 2023     Views:12270
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:11190
Scope of Decree under CPC...
10 May 2023     Views:10673
Legal development of Arbitration Laws in India....
09 May 2023     Views:10744
Arbitration Laws in India...
07 May 2023     Views:10702
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:12776
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:10929
Same-Sex Marriage in India...
30 Apr 2023     Views:10599
National Commission for Women...
27 Apr 2023     Views:10448
Law making process of India....
26 Apr 2023     Views:11559
Bail Provisions in India...
25 Apr 2023     Views:10466
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:10923
Contempt of Court...
23 Apr 2023     Views:10721
The collegium system of Judiciary in India....
22 Apr 2023     Views:10382
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:10359
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:10557
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:13054
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:11557
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:10600
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:10326
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:10580
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:10087
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:10404
Law should take into consideration realities of co...
10 Apr 2023     Views:10145
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:10838
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:10903
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:10609
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:11033
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:10381
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:100839
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:78667
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:75970
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:75071
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:64539
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.