Dispute Resolution Hotline June 24, 2020

India—Supreme Court refuses enforcement of foreign arbitral award finding underlying contract void (National Agricultural Cooperative Marketing Federation of India v Alimenta)


This article was originally published in the 02nd June 2020 edition of LexisPSL Arbitration.


Arbitration analysis: In a case relating to an international commercial arbitration seated in London, the Supreme Court of India ruled that when the underlying contract is rendered void as a result of the operation of a contingency event contemplated by the contract, the enforcement of an arbitral award upholding such a contract would be contrary to the public policy of India. Vyapak Desai, Head of the International Dispute Resolution and Investigations at Nishith Desai Associates, Kshama Loya and Bhavana Sunder, members of the team, discuss this decision.

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Bhavana Sunder, Kshama Loya Modani & Vyapak Desai

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