INDIA 68

Supreme Court of India, 16 September 2020
(Government of India v. Vedanta Limited (formerly Cairn India Ltd.))

16 - 09 - 2020

INDIA 68

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction India
Summary

The Supreme Court held that the limitation period for filing a petition for enforcement of a foreign award under Sections 47 and 49 of the Indian Arbitration Act is governed by Article 137 of the Indian Limitation Act, 1963, which prescribes a time period of three years from when the right to apply accrues. Article 136 of the Indian Limitation Act is not applicable for the enforcement or execution of a foreign award as a foreign award is not a decree of a civil court in India, but is only a deemed decree. With respect to the Appellant's public policy defence to the enforcement of the award, the Supreme Court applied Section 48 of the Indian Arbitration Act, as it existed prior to the 2016 amendment to the Act, as the court proceedings for enforcement had been filed before the 2016 amendment came into force. The Court dismissed the Appellant's objections to enforcement of the award, finding that a violation of the enforcement State's most basic notions of morality and justice was not established. It emphasized that the public policy defence to enforcement must be construed narrowly. The Court further held that an enforcement court cannot refuse enforcement by taking a different interpretation of the terms of the contract from what was taken by the arbitral tribunal in the award.

Related topics
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
INDIA 68