The year 2021 witnessed significant developments in the arbitration landscape in India, with several noteworthy decisions of the High Courts and the Supreme Court of India. In this inaugural edition o...
Published On: 19/02/2020
Practice Area: Litigation & Dispute Resolution
Authors:
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Sushmita Gandhi
Anamika Singh
Bhargav Kosuru
Recently, the Supreme Court of India has, in the case of Vijay Karia and Ors. v. Prysmain Cavi E Sistemi SRL & Ors., set the law in motion by narrowing the judicial interference in enforcement of foreign awards under Section 48 of Arbitration and Conciliation Act, 1996. The jurisdiction of the Supreme Court was invoked under Article 136 of the Constitution of India, by filing a Special Leave Petition against the decision of the Bombay High Court, which held the award passed by the Arbitral Tribunal to be enforceable, as the objections did not fall within any of the 'legal pigeonholes' contained in Section 48 of the Act. In light of this, INDUSLAW's Sushmita Gandhi, Anamika and Bhargav Kosuru examine the law on this aspect.
