Public Policy Narrowly Interpreted in Foreign Award Enforcement Proceedings in India: A Comment

3 Pages Posted: 4 Sep 2013

Date Written: September 3, 2013

Abstract

The Supreme Court of India had previously given a broad interpretation to the ground of public policy and thereby permitted a review of the foreign arbitral award on merits in award enforcement proceedings. The Supreme Court has recently abandoned this position. Consistent with international practice, the Supreme Court has held in Shri Lal Mahal Ltd. v. Progetto Grano S.p.a. that the public policy as a ground for refusing enforcement of foreign awards should be interpreted narrowly.

Keywords: Foreign Awards, Enforcement, Public Policy, Arbitration and Conciliation Act 1996, Shri Lal Mahal Ltd. v. Progetto Grano S.p.a.

JEL Classification: K10, K30, K33, K39, K41, J52

Suggested Citation

Srinivasan, Badrinath and Rajiv, Roshni, Public Policy Narrowly Interpreted in Foreign Award Enforcement Proceedings in India: A Comment (September 3, 2013). Available at SSRN: https://ssrn.com/abstract=2319822 or http://dx.doi.org/10.2139/ssrn.2319822

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