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    <title>2020 (6) TMI 117 - Supreme Court</title>
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    <description>Foreign arbitral award enforcement under Section 48 of the Arbitration and Conciliation Act, 1996 is confined to narrow, statutory exceptions, and the enforcing court must adopt a pro-enforcement approach. The Supreme Court noted that a court cannot treat the award as inexecutable or remit the matter back to the arbitrator outside Section 48. It further held that &quot;unable to present its case&quot; under Section 48(1)(b) means denial of a fair hearing due to circumstances beyond the party&#039;s control; where a party had notice, extensions, and opportunities but failed to participate or filed submissions late, refusal of enforcement is not justified. The award was directed to be enforced.</description>
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      <title>2020 (6) TMI 117 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=395742</link>
      <description>Foreign arbitral award enforcement under Section 48 of the Arbitration and Conciliation Act, 1996 is confined to narrow, statutory exceptions, and the enforcing court must adopt a pro-enforcement approach. The Supreme Court noted that a court cannot treat the award as inexecutable or remit the matter back to the arbitrator outside Section 48. It further held that &quot;unable to present its case&quot; under Section 48(1)(b) means denial of a fair hearing due to circumstances beyond the party&#039;s control; where a party had notice, extensions, and opportunities but failed to participate or filed submissions late, refusal of enforcement is not justified. The award was directed to be enforced.</description>
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