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SETTING ASIDE ARBITRAL MERIT IN INDIA

 Essay on SETTING ASIDE ARBITRAL AWARD IN INDIA

SETTING ASIDE SETTLEMENT AWARD IN INDIA

In Renusagar Electric power Co. Ltd. v. Standard Electric Co. AIR year 1994 SC 860, this Court considered Section 7(1) of the Arbitration (Protocol and Convention) Act, 1937 which inter alia provided that a foreign award may not be enforced under the said Act, in the event the Court coping with the case is content that the observance of the honor will be contrary to the Public Plan. After complex discussion, the Court attained the conclusion that Public Plan comprehended in Section 7(1)(b)(ii) of the Overseas Awards (Recognition and Enforcement) Act, 1961 is the 'Public Policy of India' and does not cover the public policy of any other country. For offering meaning to the term 'Public Policy', the Court seen thus: -- " 66. Article V(2)(b) of the New york city Convention of 1958 and Section 7(1)(b)(ii) of the Foreign Awards Action do not postulate refusal of recognition and enforcement of a foreign merit on the ground that it must be contrary to the legislation of the country of adjustment and the ground of challenge is confined to the recognition and enforcement becoming contrary to the public policy from the country where the award is set to be enforced. There exists nothing to show that the appearance " open public policy" in Article V(2)(b) of the Ny Convention and Section 7(1)(b)(ii) of the Foreign Awards Take action is not used in precisely the same sense by which it was employed in Article I(c) of the Geneva Convention of 1927 and Section 7(1) of the Process and Conference Act of 1937. This will mean that " public policy" in Section 7(1)(b)(ii) continues to be used in a narrower sense and in order to appeal to to tavern of public policy the enforcement of the award need to invoke some thing more than the infringement of the regulation of India. Since the International Awards Action is concerned with recognition and enforcement of foreign accolades which are governed by the rules of private international law, the expression " public policy" in Section 7(1)(b)(ii) of the Foreign Awards Work must...

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