Mr Atul Shanker Mathur

Atul Shanker Mathur

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Arbitration & ADR

Enforcement of foreign arbitral awards and scope of judicial intervention: a minimalist approach
India | 02 July 2020

The enforcement of a foreign arbitral award in India is founded on the fundamental principle of minimal judicial intervention in order to further India's pro-arbitration and consequently pro-foreign investment climate. However, the Delhi High Court recently refused to enforce a foreign arbitral award under the Arbitration and Conciliation Act. This article analyses the court's decision, its reasons for refusing the enforcement of the award and whether this judgment is a step back for Indian arbitration law.