Sanctity of Foreign Arbitral Awards: Recent Developments in India
(2009) 75 Arbitration 148-157
10 Pages Posted: 3 Feb 2009 Last revised: 4 Jan 2017
Date Written: December 10, 2008
This article critically examines the rulings of the Indian Supreme Court in Centrotrade Metals and Minerals Inc. v Hindustan Copper Ltd and Venture Global Engineering v Satyam Computer Services Ltd. The former vindicates the pro-enforcement stance of the New York Convention 1958, by holding that an award from international commercial arbitration conducted in any Convention country would be a foreign award irrespective of the proper law governing the arbitration agreement, while the latter has frustrated that objective by ruling that Indian courts can set aside foreign awards on the same grounds (e.g., patent illegality) as are applicable to domestic awards.
Keywords: Arbitration, Centrotrade, Bhatia International, Venture Global, New York Convention, India, International Commercial Arbitration, Supreme Court, Foreign Award
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