Supreme Court · 2020 INSC 178 · Decided 13 February 2020
Vijay Karia & ORS. v. Prysmian Cavi E Sistemi SRL & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 178 · [2020] 4 S.C.R. 336
- Case number
- CIVIL APPEAL No. 1544/2020
- Decided
- 13 February 2020
- Bench
- R.F. NARIMAN, ANIRUDDHA BOSE, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Arbitration Act Section 48(1)(b), 48, 37
Headnote
Arbitration and Conciliation Act, 1996: s.48(1)(b) - Enforcement of foreign awards - Violation of provisions of FEMA - Whether amounts to breach of Public Policy of India - If a particular act violates any provision of FEMA or the of the Reserve Bank of India may be obtained post-facto if such violation can be condoned - Neither the award, nor the agreement being enforced by the award, can, therefore, be held to be of no effect in law - This being the case, a rectifiable breach under FEMA can never be held
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