https://www.taxtmi.com/caselaws?id=298740 A foreign award was held unenforceable because performance of the export contract depended on Government permission that was refused, and enforcement would have conflicted with the fundamental policy and public policy of Indian law under the Foreign Awards (Recognition and Enforcement) Act, 1961. The Court applied a narrow public policy test but found that directing export-related performance despite an express governmental prohibition would offend the export control regime and binding official directions. It also held that the contract was a contingent contract under Clause 14 and Section 32 of the Indian Contract Act, 1872: once export became prohibited, the contract stood discharged by its own terms, so no damages could be fastened for non-performance. en-us Wed, 22 Apr 2020 00:00:00 +0530 Fri, 15 Nov 2024 16:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298740 A foreign award was held unenforceable because performance of the export contract depended on Government permission that was refused, and enforcement would have conflicted with the fundamental policy and public policy of Indian law under the Foreign Awards (Recognition and Enforcement) Act, 1961. The Court applied a narrow public policy test but found that directing export-related performance despite an express governmental prohibition would offend the export control regime and binding official directions. It also held that the contract was a contingent contract under Clause 14 and Section 32 of the Indian Contract Act, 1872: once export became prohibited, the contract stood discharged by its own terms, so no damages could be fastened for non-performance. Case-Laws Indian Laws Wed, 22 Apr 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298740