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CHALLENGING THE FOREIGN ARBITRATRION AWARD IN INDIA

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 18-7-2016 - In Eitizen Bulk A/S V. Ashapura Minechem Limited and another - [2016 (5) TMI 770 - SUPREME COURT] the appellant and the respondent made a contract of Affreighment on 18.01.2008. The appellant made this contract as charterers for shipment of bauxite from to China. The agreement contains an arbitration clause vide clause No. 28 which provides that any dispute arising under this agreement is to be settled in London. One arbitrator is to .....

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as referred to arbitration by a sole Arbitrator. The Arbitration was held in London according to English Law. The Arbitrator held that the respondent was liable to pay a sum of US$ 36,306,104 together with compound interest @ 3.75% per annum. In addition they were directed to pay US$ 74,135 together with compound interest @ 3.75% per annum. Another sum of 90,233.66 pounds was awarded payable with interest @ 2.5% per annum. The respondent, before the commencement of arbitration filed a suit along .....

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ion 34 of the Arbitration Act, ( Act for short) and filed objections in India in respect of the award passed in London before the District Court in Jamnagar with the prayer to set aside the foreign award made in London. The District Court dismissed the application for injunction seeking restraint of enforcement of the award. The appellant filed for enforcement of the award in the countries of Netherlands, USA, Belgium and UK. The Courts in various jurisdictions have held the award to be enforcea .....

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risdiction in the matter by virtue of Section 42 of the Act. The Bombay High Court rejected the contentions of the respondent and allowed the petition of the appellant for enforcing the foreign award. Against the rejection of the application for injunction the respondent filed a writ petition before the High Court, Gujarat with the prayer to set aside the order of the District Judge and for a direction not to enforce the execution of the award turned into judgment. The respondent contended that .....

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Single Judge. The Division Bench held that the respondent is entitled to challenge the foreign award under Section 34 of Part I of the Act. The Division Bench further held that the territorial jurisdiction is a mixed question of fact and law and is required to be decided by the trial court on the basis of the plaint and written statement and evidence before it. The said judgment was questioned in Supreme Court. The Supreme Court noted that since proceedings under the Sick Industrial Companies ( .....

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gn award where the arbitration is not held in India and is governed by foreign law. The appellant submitted that clause 28 of the agreement clearly indicated that any dispute under the contract is to be settled and referred to Arbitration in London. Therefore the arbitration proceedings shall be conducted in accordance with the English law and the seat of Arbitration will be at London. The Supreme Court thought that the clause evinced such an intention by providing that the English Law will be a .....

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