India: Enforcement of foreign arbitration awards


Published: 11 October 2012

New and welcome developments

A recent report from India advises that India's Supreme Court, in the matter of Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., has overturned a previous Supreme Court decision (Bhatia International v. Bulk Trading S.A. & Anr, (2002) 4 SCC 105) which resulted in Indian Courts second-guessing and/or potentially setting aside foreign arbitration awards as Part II of the Indian Arbitration Law (which incorporates the provisions of the New York Convention 1958 pertaining to recognition and enforcement of foreign awards) which was previously ignored by Indian Courts on the basis of that judgment.

Consequently, this judgment should serve to limit the interference by Indian Courts with the recognition and enforcement of foreign awards and should make life easier for a party who has an arbitration award against an Indian based company.

Indian Supreme Court Case 6 September 2012