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

See all articles by Raghav Sharma

Raghav Sharma

National Law University Jodhpur (NLUJ)

Date Written: December 10, 2008

Abstract

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

Suggested Citation

Sharma, Raghav, Sanctity of Foreign Arbitral Awards: Recent Developments in India (December 10, 2008). (2009) 75 Arbitration 148-157. Available at SSRN: https://ssrn.com/abstract=1336928

Raghav Sharma (Contact Author)

National Law University Jodhpur (NLUJ) ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

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