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    <title>2017 (4) TMI 729 - DELHI HIGH COURT</title>
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    <description>Enforcement of a foreign award is assessed independently from a set-aside challenge at the seat, so failure to pursue the same objections there does not create an absolute bar of res judicata or issue estoppel under Section 48. The enforcing court may consider prior conduct, but the resisting party remains entitled to invoke statutory refusal grounds. On notice and scope, the award was upheld because the party had notice of the claims, raised its defence, and the delivery-based payment direction was treated as implementing the keepwell obligation rather than exceeding the reference. A mere FEMA breach does not, by itself, establish violation of the fundamental policy of Indian law, and the public policy defence under Section 48(2)(b) remains narrow.</description>
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    <pubDate>Tue, 11 Apr 2017 00:00:00 +0530</pubDate>
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      <title>2017 (4) TMI 729 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=341759</link>
      <description>Enforcement of a foreign award is assessed independently from a set-aside challenge at the seat, so failure to pursue the same objections there does not create an absolute bar of res judicata or issue estoppel under Section 48. The enforcing court may consider prior conduct, but the resisting party remains entitled to invoke statutory refusal grounds. On notice and scope, the award was upheld because the party had notice of the claims, raised its defence, and the delivery-based payment direction was treated as implementing the keepwell obligation rather than exceeding the reference. A mere FEMA breach does not, by itself, establish violation of the fundamental policy of Indian law, and the public policy defence under Section 48(2)(b) remains narrow.</description>
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      <pubDate>Tue, 11 Apr 2017 00:00:00 +0530</pubDate>
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