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72. High Court, Delhi, 30 May 2023, O.M.P.(EFA)(COMM.) 3525/2022

(Nuovopignone International SRL v. Cargo Motors Private Limited & ANR.)

30 - 05 - 2022

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)

Jurisdiction India

Original full text Full text decision INDIA 72

Excerpt Excerpt decision INDIA 72

Summary

The High Court held that, contrary to the respondents’ opinion, consent awards are enforceable under the New York Convention, and that the settlement agreement on which the consent award at issue was based had not been entered into under economic duress.

Related topics

110

The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.

Arbitral award: types

524

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.

Other cases

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