Driven by excellence, focused on strategies for the longer term.

This is the crux of who we are. It is an articulation of precision in purpose, from the Firm’s beginnings to where we are today. Our collective eye is unerringly trained on tomorrow.

Deep sectoral expertise across services and industries.

Our insistence on strategic advisory exacts an in-depth understanding of and involvement with our clients’ businesses and industries. We engage not just individual businesses, but also contribute to the country’s legal and regulatory frameworks.

Personal commitment supported by experience and grit.

We commit early. We pull together internally for greater support. Every effort is sincere, every individual deeply dedicated to their task, their role, to the Firm.

Our undertakings for long-term impact are an organic extension of our purpose.

They are to employ our deep knowledge of the law beyond the business, the transaction, the deal. To use the opportunities and skills we possess, to reflect on the culture we’re creating. Individually and collectively, these are our efforts to help shape the thinking of our future generations, and arm them with strategies for true, sustainable growth.

Knowledge-sharing is intrinsic to equity and inclusivity.

This is a repository of thought leadership, deep insights and strong viewpoints, legal and other news and events and how they impact the industry and our clients.

Relevance is critical to growth. It necessitates a firm that is dynamic and responsive.

Amplifying intrinsic talent, sharpening skills, expanding knowledge, is vital to leading. It defines every aspect of how our firm functions and transacts. This is how we create new benchmarks and set industry standards.

  • Connect
Sep 30, 2020

SC Deals with Limitation and Enforcement of Foreign Arbitration Award in India

In Government of India v. Vedanta Ltd.[1] the SC enforced a Malaysian seated foreign award under Section 47 of the Arbitration Act passed in favour of Vedanta Ltd. & Ors and against the Government of India. The SC inter alia held:

i.     The period of limitation for filing a petition for enforcement of a foreign award in India would be governed by Article 137 of the Limitation Act, which prescribed a period of 3 years from when the right to apply accrues. In case of delay, a party may file an application under Section 5 of the Limitation Act, 1963, for condonation.

ii.    Section 48 of the Act which was amended in 2015, would not have retrospective operation since the amendments were substantial in nature.

iii.   The merits of an arbitral award are not open to review by the enforcement Court, which lies within the domain of the Courts where the arbitration was seated. Accordingly, errors in a judgment are not a sufficient ground for refusing enforcement of a foreign award. The enforcement Court exercising jurisdiction under Section 48, cannot refuse enforcement of a foreign award by applying a different interpretation of the terms of the contract.

 

[1]Civil Appeal No. 3185 of 2020.

TAGS

SHARE

Subscribe

DISCLAIMER

These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

RELATED READING

Inter Alia

MCA Releases Clarification on Holding AGM/EGM through Video Conference or Other Audio-Visual Means

Oct 30, 2024 | Corporate / Mergers & Acquisitions
Inter Alia

Migration of Venture Capital Funds to AIFs Regime

Oct 30, 2024 | Funds Regulatory & Securities
Inter Alia

Supreme Court Lays Down Yardsticks to Initiate Proceedings for Offence of Perjury

Oct 30, 2024 | Dispute Resolution