Case Name : Vijay Karia & Ors vs Prysmian Cavi E Sistemi Srl & Ors
Case Reference: (2020) 4 SCR 336 :
Neutral Citation:
Case Number: CA 1544/2020
Court: Supreme Court
Bench: 03
Coram: RF Nariman (Author), Aniruddha Bose, V Ramasubramanian
Date: 13.02.2020
Legislative Policy on Appeal against Enforcement of Foreign Award
Unlike section 37 of the A&C Act, which provides for an appeal against setting aside OR refusing to set aside a ‘domestic’ award, the legislative policy is that as far as enforcement of foreign awards are concerned, an appeal is provided only against a judgment refusing to recognise and enforce and foreign award but not the other way around. (Para 24) The policy of the legislature is that there ought to be only one bite at the cherry since India is a signatory to the New York Convention - Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 The intention of this policy is that a person who has gone through the challenge procedure of the award in the country of its origin, mut be able to get such award recognised and enforced as soon as possible,
Challenge to Enforcement of Foreign Award
All grounds relating to patent illegality will not apply to international domestic awards or foreign awards. (Para 38)
Explaining public policy
Public policy must be narrowly viewed; the arbitral award must shock the conscience. It has to cross a very high threshold and demonstrate egregious circumstances such as corruption, bribery or fraud. (Para 39) Perversity and irrationality do not amount to breach of public policy
Refer also: Ssangyong Engineering & Construction Co Ltd vs National Highways Authority of India Sui Southern Gas Co vs Habibulla Coastal Power Co, (2010) SGHC 62 {Singapore High Court}
See also: A&C Act, 1996 - Section 37 Constitution, Article 136
PDF: Vijay Karia vs Prysmian Cavi E Sistemi Srl, (2020) 4 SCR 336.pdf