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Supreme Court of India 2020-02-13 dismissed

VIJAY KARIA vs PRYSMIAN CAVI E SISTEMI SRL

Bench: 3 — Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

This case concerns enforcement in India of four foreign arbitral awards rendered in London against shareholders in Ravin Cables Limited (the appellants) by their joint venture partner, Prysmian. The appellants challenged enforcement, alleging the tribunal failed to address certain counter-claims, misinterpreted the joint venture agreement, ignored evidence, appointed a conflicted valuer, and violated Indian foreign exchange law. The Supreme Court held that enforcement grounds under Section 48 of the Arbitration Act are narrowly confined to procedural defects and public policy violations, and do not permit review of merits, interpretation, or factual findings. The tribunal had comprehensively addressed all material issues; the appellants had failed to properly amend pleadings; and FEMA violations do not constitute breaches of fundamental policy. The Court upheld enforcement and dismissed the appeals with costs.",

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International Commercial Arbitration Enforcement of Foreign Awards Public Policy Arbitration Agreement Natural Justice Foreign Exchange Regulation Shareholder Disputes Joint Venture

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