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INDIA 2026-4
High Court of Chhattisgarh, Bilaspur, 7 November 2024
(Bulk Trading S.A. v. Mahendra Sponge and Power Ltd.)
INDIA 2026-4
Noting that the expression “public policy” is given a narrow construction by the Supreme Court of India, to mean the fundamental policy of India and its basic notions of justice or morality, the Court granted exequatur of two English awards, rejecting the argument that it would result in a violation of public policy because the respondent had been unable to obtain a Letter of Credit due to the COVID-19 restrictions. Express exceptions, the Court pointed out, were made for the banking sector, and the respondent could have approached the bank after obtaining permission from the competent authorities.
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.
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.