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2017 (7) TMI 1454 - HC - Indian LawsEnforcement of a foreign award - Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 - Order XXXVI Rule 9 of Madras High Court Original Side Rules read with Clause 15 of Letters Patent. HELD THAT:- The inescapable and indisputable conclusion is that a foreign award cannot become opposed to public policy in India merely because a larger/longer period of limitation has been applied to test the claim in a money suit. More so, when the contracting parties have unambiguously covenanted that the proper law for the contract would be Singaporean Law. There are no hesitation whatsoever in holding that a Foreign Award, merely because limitation aspect has been decided on the basis of foreign law, where the period of limitation is more, does not per se become opposed to public policy rendering it unenforceable in India. Jurisdiction of the Arbitral Tribunal qua Teleport Services and Occasional services - HELD THAT:- The learned Single Judge has rightly observed that this objection had not been raised by Raj TV till such time closing submissions were propounded before the Arbitral Tribunal. This is clear from the defence statement filed before the Arbitral Tribunal, as extracted by the Tribunal, wherein and whereby it becomes clear that the only objection which the respondent had raised is vis-a-viz. jurisdiction and that was pivoted on the applicability of law of limitation i.e., whether Indian Law of limitation or Singaporean Law of limitation would apply in the given circumstances. With regard to Teleport Services and Occasional Services, it was simply stated by Raj TV, particularly in paragraph 5 of the defence statement that all payments have been made and therefore, nothing more was due and outstanding. There was, absolutely, no due whatsoever was the plea - challenge to jurisdiction of Arbitral Tribunal also fails as flawed. There are no hesitation in coming to a conclusion that the order of the learned Single Judge is correct and does not call for any interference - appeal dismissed.
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