INDIA 67

Supreme Court of India, 20 April 2021, Civil Appeal No. 1647 of 2021

(PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited)

20 - 04 - 2021

INDIA 67

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction India
Original full text Full text decision INDIA 67
Excerpt Excerpt decision INDIA 67
Summary

The Indian Supreme Court affirmed the recognition and enforcement of an ICC award rendered in Zurich between two Indian companies. The Court answered in the affirmative the “interesting” question whether two Indian companies can choose a foreign seat of arbitration, and whether the ensuing award can be said to be a “foreign award” under Part II of the Arbitration and Conciliation Act, 1996, to which the New York Convention applies. The Court rejected the argument that such foreign designation was contrary to public policy, stressing that party autonomy and freedom of contract must be upheld.
Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

 Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
INDIA 67