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INDIA 64
High Court of Delhi, New Delhi, 9 August 2019
Glencore International AG v. Indian Potash Ltd.
INDIA 64
India No. 64, Glencore International AG v. Indian Potash Ltd. et al., High Court of Delhi, New Delhi, EX.P. 99/2015, 9 August 2019
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.