LAW FOR ALL

Enforceability of Foreign Awards under Section 48 of the Arbitration and Conciliation Act, 1996 (for short, “1996 Act”) = whether appeal award no. 3782 and appeal award no. 3783 both dated 21.09.1998 passed by the Board of Appeal of the Grain and Feed Trade Association, London (for short, “Board of Appeal”) in favour of the respondent are enforceable under Section 48 of the Arbitration and Conciliation Act, 1996 (for short, “1996 Act”)? = While considering the enforceability of foreign awards, the court does not exercise appellate jurisdiction over the foreign award nor does it enquire as to whether, while rendering foreign award, some error has been committed. Under Section 48(2)(b) the enforcement of a foreign award can be refused only if such enforcement is found to be contrary to (1) fundamental policy of Indian law; or (2) the interests of India; or (3) justice or morality. The objections raised by the appellant do not fall in any of these categories and, therefore, the foreign awards cannot be held to be contrary to public policy of India as contemplated under Section 48(2)(b). 46. The contention of the learned senior counsel for the appellant that the Board of Appeal dealt with the questions not referred to it and which were never in dispute and, therefore, these awards cannot be enforced being contrary to Section 48(1)(c) is devoid of any substance and is noted to be rejected. 47. In the circumstances, we hold that appeal has no merit. It is dismissed with no order as to costs.