<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (2) TMI 628 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=392184</link>
    <description>Foreign award enforcement under Section 48 was held subject to a narrow review limited to the specified statutory grounds. The Court held that &quot;unable to present his case&quot; refers to denial of a fair hearing at the arbitral stage, not to a tribunal&#039;s rejection or brief treatment of arguments; the award, read as a whole, showed that the core disputes were addressed, so refusal under Section 48(1)(b) was unwarranted. It further held that the public policy exception under Section 48(2)(b) does not permit merits review, and that alleged perversity, bias, and a FEMA pricing breach did not justify non-enforcement. The foreign award remained enforceable in India.</description>
    <language>en-us</language>
    <pubDate>Thu, 13 Feb 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 15 Nov 2024 16:17:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=603987" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (2) TMI 628 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=392184</link>
      <description>Foreign award enforcement under Section 48 was held subject to a narrow review limited to the specified statutory grounds. The Court held that &quot;unable to present his case&quot; refers to denial of a fair hearing at the arbitral stage, not to a tribunal&#039;s rejection or brief treatment of arguments; the award, read as a whole, showed that the core disputes were addressed, so refusal under Section 48(1)(b) was unwarranted. It further held that the public policy exception under Section 48(2)(b) does not permit merits review, and that alleged perversity, bias, and a FEMA pricing breach did not justify non-enforcement. The foreign award remained enforceable in India.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 13 Feb 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=392184</guid>
    </item>
  </channel>
</rss>